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 third requirement in order to satisfy the definition of a seaman under the Jones Act is that the individual be assigned to a vessel that is "in navigation". This requirement has been very broadly defined and essentially means any individual that is in some way contributing to the mission of the vessel, a term that is also broadly defined. Typically the "in navigation" requirement will easily be met.
If a maritime worker is injured at work it is critical that he file his claim under the Jones Act in order to recover general damages including pain and suffering, lost wages and loss of fringe benefits. The only way this worker can file his claim under the Jones Act is if he meets the definition of a "seaman" under the Act. The above three requirements are very important and should be discussed with a qualified maritime attorney. Many maritime companies will intentionally file and handle an employee's claim under the incorrect law rather than the Jones Act. It is up to the employee to research the law and determine if he can file his claim under the Jones Act in order to seek more recovery.
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 third requirement in order to satisfy the definition of a seaman under the Jones Act is that the individual be assigned to a vessel that is "in navigation". This requirement has been very broadly defined and essentially means any individual that is in some way contributing to the mission of the vessel, a term that is also broadly defined. Typically the "in navigation" requirement will easily be met.
If a maritime worker is injured at work it is critical that he file his claim under the Jones Act in order to recover general damages including pain and suffering, lost wages and loss of fringe benefits. The only way this worker can file his claim under the Jones Act is if he meets the definition of a "seaman" under the Act. The above three requirements are very important and should be discussed with a qualified maritime attorney. Many maritime companies will intentionally file and handle an employee's claim under the incorrect law rather than the Jones Act. It is up to the employee to research the law and determine if he can file his claim under the Jones Act in order to seek more recovery.
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