What is the Definition of a Seaman Under the Jones Act

A federal statute known as the Jones Act allows employees to file negligence-based lawsuits against their maritime employers. However, in order to qualify under the Jones Act an injured maritime employee must meet the definition of a “seaman”. The technical definition of a seaman states that the employee will be “more or less permanently assigned to a vessel or fleet of vessels in navigation.” Each of the three main elements of this definition must be met in order for an injured maritime worker to qualify as a seaman under the Jones Act.

The first requirement that the individual be “more or less” permanently assigned to a vessel is usually interpreted as requiring the individual to work at least 30 percent or more of his time aboard a vessel or vessels. Several cases have held that as long as the employee meets the “30 percent rule” he will satisfy the permanency requirement of the seaman definition.

The next requirement is that the individual be assigned to work aboard a vessel or fleet of vessels. This does not necessarily require that the individual work aboard a traditional vessel such as a tug boat, supply vessel or crew boat. In the Gulf of Mexico as well as other regions there are many specialized structures that actually qualify as “vessels” under the Jones Act. Specifically, offshore jack up drilling rigs and semi submersible drilling rigs as well as crane barges and jack up boats all qualify as vessels under the definition of a seaman. The United States Supreme Court recent issued a case stating that any structure that is “typically capable of navigation” may meet the definition of a vessel under the Jones Act for purposes of seaman status.

Even if the maritime worker is assigned to numerous vessels, and not one specific vessel, the worker can still satisfy the definition of a seaman. The definition states that the worker can also be assigned to a “fleet of vessels” as long as the fleet is under a common ownership or control.

The last requirement of the definition of a seaman under the Jones Act states that the vessel must be “in navigation”. This term is not technically defined, but rather much more broadly and generally defined under the Jones Act. In other words, as long as the vessel is performing some type of work that is in furtherance of its general purpose the courts will usually hold that the vessel is in navigation. For example, lift-boats and jack-up drilling rigs still qualify as vessels even though they are jacked up out of the water and actually drilling for oil or gas. The vessel does not need to be moving on the water in order to qualify as “in navigation”.

The federal Jones Act statute applies only to maritime workers who meet the technical definition of a “seaman” under the Act. Many maritime workers will simply allow their employers to determine the type of compensation scheme that the worker may fall under if he suffers an injury. However, the Jones Act is generally much more beneficial for the employee than other statutes such as the Longshore Act. It is very important for an injured maritime worker to learn the definition of a seaman and immediately determine if they satisfy that definition if they suffer an injury while working. If they are able to qualify under the Jones Act it is very likely that they will receive the largest possible recovery for their injury.

Learn more about the definition of a seaman. Stop by Timothy Young’s site where you can find out all about maritime lawand what it can do for you if you have been injured.