Working aboard fishing boats, barges, tankers, oil rigs, drill ships, and other seafaring vessels exposes seamen to harsh conditions, hazardous equipment, and other inherent risks. Sadly, accidents happen frequently in these grueling, fast-paced environments—resulting in consequences that can be physically, emotionally, and financially devastating for victims and their families.
If you were severely injured or your loved one died while employed as a seaman on an offshore vessel, you could be entitled to compensation under the Jones Act. Unfortunately, these cases involve complex legal statutes and concepts that can make it difficult to determine if you have a valid claim. Considering employment status, where the incident occurred, whether another party’s negligence was responsible (and to what degree), and consulting an experienced admiralty attorney can provide valuable insight.
Keep reading for an overview of factors that affect the validity of maritime injury claims and learn how Terry & Thweatt, P.C.’s accomplished admiralty trial lawyer, Joe Terry, can help you fight for the financial recovery you deserve after a life-altering offshore accident.
Understanding Jones Act Eligibility Can Help You Determine if You Have Grounds for a Claim
The Merchant Marine Act of 1920, commonly called the Jones Act, is a federal law providing protections for those injured—or the families of those killed—while working on nautical vessels. However, these protections only apply to maritime workers who meet specific criteria. The following factors can indicate whether the Jones Act gives you the right to pursue a legal remedy for your injuries and losses.
Your Employment Status
The Jones Act solely protects seamen. Qualifying for legal protections under this statute requires proving that you or your deceased loved one spent a significant amount of work time on vessels in navigation, had a meaningful employment connection to the vessel in question, and substantially contributed to its work. Examples of offshore workers who might qualify as Jones Act seamen include roustabouts, able-bodied seamen (ABs), derrickmen, tankermen, crane operators, dynamic positioning operators (DPOs), subsea welders, toolpushers, and offshore service vessels (OSVs) crew.
Where the Injury or Accident Occurred
This point is crucial to determining whether you have a valid maritime injury claim. The Jones Act gives eligible seamen the right to pursue compensation for injuries and losses that occur on navigable waters or while working in service of a specific vessel or fleet. Navigable waters include oceans, rivers, lakes, and other waterways used for interstate or international commerce.
Whether Negligence or Unseaworthiness Caused Your Injuries
Recovering damages in a Jones Act claim requires proving that your injuries resulted from your employer or another party's failure to exercise reasonable care or from vessels or equipment that were unsafe and unfit for use. Proving negligence or unseaworthiness is critical to your maritime injury claim’s validity and outcome.
Actual Injuries and Damages
Even if you can prove seaman status, that the injuries occurred on navigable waters or while servicing an eligible vessel, and that negligence or unseaworthiness was responsible, your claim will only be valid if you can also demonstrate that you suffered severe harm or financial losses. This can include medical expenses, lost wages and/or lost earning potential, pain and suffering, and other damages. Surviving families of seamen killed in fatal maritime accidents may be entitled to compensation for additional losses.
Houston Maritime Lawyer Joe Terry Fights for the Recoveries Injured Seamen and Their Families Deserve
No one fights harder for offshore accident and wrongful death victims than Terry & Thweatt, P.C. Our exceptional team helps seamen and families harmed by negligence fight back against powerful, well-resourced opponents—and win.
Before venturing into private practice, Joe Terry made partner at one of the oldest maritime defense law firms in Houston. Now, he works on the other side of the legal aisle, using his extensive knowledge, skill, and experience to help clients get just compensation under the Jones Act.