To fully understand maritime personal injury law, the question of whether a potential plaintiff is a seaman must first be answered. Only a seaman can recover damages under the Jones Act. Workers who are not considered seamen usually file complaints under the Longshoremen's and Harbor Workers' Compensation Act. The major difference is that workers' compensation statutes do not apply to seamen. As a result, under the Jones Act, awards are generally substantially higher.
A seaman is defined as a member of the crew of a vessel. A vessel is any boat, ship, or other floating and motorized structure. Cruise ships, freighters, towboats, barges, fishing boats and oilrigs that can be towed or that are not permanently affixed to the ocean floor are a few examples of vessels. To meet seaman status, an employee must contribute to the function of the vessel, the accomplishment of the vessel's mission, or the vessel's maintenance. The duration of an employee's tenure aboard a vessel is also an important factor in achieving seaman status. A worker may be defined as a seaman even though he or she was not on the vessel at the time of the accident as long as his or her assignment was "in service of the ship."
Longshoremen, pilots and those who work on fixed structures are not considered seamen.
If you or a loved one was injured or killed while employed as a seaman, it may be important to
contact an attorney who can help you protect your legal rights. Please keep in mind that there may be
time limits within which you must commence suit.
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See Also
- Maritime / Admiralty Personal Injury Law