The Jones Act allows "seamen" to file a negligence lawsuit against their employers. In order to be entitled to file suit under the Jones Act, the employee must first satisfy the requirement of being a "seaman". Very often the first question asked during an interview with an injured Maritime worker is whether or not the individual meets the definition of a Seaman. The technical definition of a seaman is an individual more or less permanently assigned to a vessel or fleet of vessels in navigation. This article will address each of these particular requirements in order for an individual to qualify as a seaman.
The initial requirement is that the injured employee be "more or less permanently" assigned to vessels or fleets of vessels. The more or less permanently has generally been interpreted to mean that the employee spends at least 30% of his working time aboard a vessel or fleet of vessels. This has come to be known as the "30% Rule". Usually this initial requirement is one of the easier requirements for the employee to satisfy since most maritime workers either spend a great deal of their time aboard vessels or they work land-based or fixed-platform jobs.
The second requirement of the definition of a seaman under the Jones Act states that the maritime worker must be assigned to a "vessel or fleet of vessels". Many structures including several that are not Coast Guard inspected will qualify as vessels under the Jones Act. In addition to the traditional vessel such as crew boats, supply boats and tug boats, many special purpose structures such as semi-submersible drilling rigs, drill ships and jack up drilling rigs as well as lift boats all qualify as vessels under the Jones Act. The United States Supreme Court has stated that any structure "practically capable of navigation" can qualify as a vessel under the Jones Act.
One other issue that is often addressed in regard to whether or not an employee is assigned to a "vessel" relates to whether the employee is assigned to multiple vessels. In other words, a maritime employee can also meet the definition of a seaman if he is assigned to a fleet of vessels (as opposed to one specific vessel) provided that the fleet of vessels are under common ownership or control. Very often a maritime employee will be assigned to work on various, multiple vessels but these vessels together will qualify as a "fleet of vessels" under the definition of a seaman under the Jones Act.
The last requirement necessary for a maritime worker to satisfy the definition of a seaman under the Jones Act is for the maritime worker to be assigned to a vessel "in navigation". This requirement has been broadly defined and as long as the maritime worker generally contributes to the mission of the vessel the courts have held that the vessel is "in navigation". Even if the vessel is temporarily moored or even stationary in the Gulf of Mexico as is common with special purpose vessels such as jack-up drilling rigs and lift boats, these structures will still be deemed "in navigation" even though they are not technically moving.
Satisfying the definition of a seaman under the Jones Act can be critically important for an injured Maritime worker to fully recover due to an injury offshore. Only by meeting the definition of a seaman will the injured employee be allowed to file suit under the Jones Act. And only under the Jones Act will the injured employee collect lost wages, pain and suffering, past and future medical expenses as well as other compensation for his injury. If the injured employee does not meet the definition of a seaman, he will not be allowed to file a negligence, tort type lawsuit against his employer. Instead, he will be restricted to recovering only workers' compensation type benefits which typically do not fairly compensate the employee.
The initial requirement is that the injured employee be "more or less permanently" assigned to vessels or fleets of vessels. The more or less permanently has generally been interpreted to mean that the employee spends at least 30% of his working time aboard a vessel or fleet of vessels. This has come to be known as the "30% Rule". Usually this initial requirement is one of the easier requirements for the employee to satisfy since most maritime workers either spend a great deal of their time aboard vessels or they work land-based or fixed-platform jobs.
The second requirement of the definition of a seaman under the Jones Act states that the maritime worker must be assigned to a "vessel or fleet of vessels". Many structures including several that are not Coast Guard inspected will qualify as vessels under the Jones Act. In addition to the traditional vessel such as crew boats, supply boats and tug boats, many special purpose structures such as semi-submersible drilling rigs, drill ships and jack up drilling rigs as well as lift boats all qualify as vessels under the Jones Act. The United States Supreme Court has stated that any structure "practically capable of navigation" can qualify as a vessel under the Jones Act.
One other issue that is often addressed in regard to whether or not an employee is assigned to a "vessel" relates to whether the employee is assigned to multiple vessels. In other words, a maritime employee can also meet the definition of a seaman if he is assigned to a fleet of vessels (as opposed to one specific vessel) provided that the fleet of vessels are under common ownership or control. Very often a maritime employee will be assigned to work on various, multiple vessels but these vessels together will qualify as a "fleet of vessels" under the definition of a seaman under the Jones Act.
The last requirement necessary for a maritime worker to satisfy the definition of a seaman under the Jones Act is for the maritime worker to be assigned to a vessel "in navigation". This requirement has been broadly defined and as long as the maritime worker generally contributes to the mission of the vessel the courts have held that the vessel is "in navigation". Even if the vessel is temporarily moored or even stationary in the Gulf of Mexico as is common with special purpose vessels such as jack-up drilling rigs and lift boats, these structures will still be deemed "in navigation" even though they are not technically moving.
Satisfying the definition of a seaman under the Jones Act can be critically important for an injured Maritime worker to fully recover due to an injury offshore. Only by meeting the definition of a seaman will the injured employee be allowed to file suit under the Jones Act. And only under the Jones Act will the injured employee collect lost wages, pain and suffering, past and future medical expenses as well as other compensation for his injury. If the injured employee does not meet the definition of a seaman, he will not be allowed to file a negligence, tort type lawsuit against his employer. Instead, he will be restricted to recovering only workers' compensation type benefits which typically do not fairly compensate the employee.
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