Are You Covered Under the Jones Act?
A person can suffer injuries just about anywhere. However, where those injuries occur and the relationship with the location can affect a person’s ability to recover. For example, a person who is injured while working at their place of employment may be limited under the Worker’s Compensation Act. The same is true for a person who is injured on the high seas.
When a seaman suffers personal injury or death while on a vessel, the Jones Act provides an expansive remedy for him. The Act mandates that “any seaman who shall suffer personal injury in the court of his employment may, at his election, maintain an action for damages at law.” However, coverage under the Jones Act is dependent on one thing: whether or not the employee constitutes as a “seaman.” Nowhere in the Act itself does it define who qualifies as a “seaman,” so how do you known whether you are qualified under this Act?
A person trying to avail himself under the Jones Act must show: (1) the employees duties contribute to the function of the vessel or to the accomplishment of its mission; and (2) there is a connection to a vessel in navigation that is substantial in terms of both duration and its nature.