Who Qualifies Under the Jones Act?

The Jones Act allows qualifying seamen injured in the course of their employment to pursue compensation from a negligent employer. However, not every maritime worker qualifies as a seaman. Courts generally look at the worker’s duties and the nature and duration of their connection to a vessel or identifiable fleet of vessels.

Understanding these requirements can help determine whether an injured maritime worker may have rights under the Jones Act.

What Is the Jones Act and Who Does it Cover?

The Jones Act is a federal maritime law that allows qualifying seamen injured in the course of employment to bring a negligence claim against their employer. Other maritime workers may instead be covered by laws such as the Longshore and Harbor Workers’ Compensation Act.

The key question for Jones Act coverage is therefore whether a worker legally qualifies as a seaman. For a broader explanation of the law, including negligence, compensation, filing requirements, and deadlines, see our complete guide to the Jones Act.

Only Seamen Qualify for Jones Act Claims

The Jones Act gives seamen the right to sue an employer or file a claim to get compensation from an employer in the event of an injury on the job.

While other laws ensure seamen get compensation no matter how the injury occurred, the Jones Act is specifically for cases where the employer was negligent and the accident could have been prevented.

There are also other workers’ compensation programs for different kinds of maritime workers, but this law is only for seamen. To know if you meet the Jones Act qualifications, you need to understand the legal definition of a seaman.

Courts use a two-part test to determine whether a maritime worker qualifies as a seaman under the Jones Act:

• The worker’s duties must contribute to the function of a vessel or help accomplish its mission.
• The worker must have a connection to a vessel in navigation, or an identifiable fleet of vessels, that is substantial in both duration and nature.

This means seaman status depends on more than a job title or simply working aboard a vessel. Courts consider the worker’s overall relationship with the vessel and whether the employment regularly exposes the worker to the risks associated with maritime work.

A Jones Act lawyer has the expertise to interpret these terms and help you determine if you meet the definition.

The Jones Act 30% Guideline

The Jones Act does not specify an exact percentage of time a worker must spend aboard a vessel to qualify as a seaman. Courts have developed guidelines through Jones Act cases.

The Supreme Court has stated that, as a general rule of thumb, a worker who spends less than approximately 30% of their working time in service of a vessel in navigation ordinarily should not qualify as a seaman.

The 30% figure is a guideline, not an automatic cutoff. Spending 30% or more of working time aboard a vessel does not by itself establish seaman status. Courts also consider the nature of the worker’s connection to the vessel and the worker’s duties.

A worker’s time may also involve an identifiable fleet of vessels rather than a single vessel. However, those vessels generally must share common ownership or control.

The Jones Act “In Navigation” Qualification

Spending a significant amount of your working time aboard a vessel is just one part of the qualification definition for a seaman. Another aspect of the Jones Act qualification requirements states that “the worker’s substantial connection generally must be to a vessel in navigation or an identifiable fleet of vessels in navigation.”

This is another legal term that has been defined explicitly through prior cases and a qualification that must be met to be able to file a Jones Act claim. There are four parts of the “in navigation” definition:

• The structure must qualify as a vessel. Courts generally look at whether the watercraft is practically capable of maritime transportation.
• The vessel does not have to be moving. A docked or temporarily stationary vessel may still qualify.
• Temporary repairs do not necessarily remove a vessel from navigation. Whether a vessel remains in navigation can depend on the extent and nature of the work being performed.
• Vessels under construction or permanently withdrawn from maritime service may not qualify.

Examples of Structures That May Not Meet Jones Act Vessel Requirements

The definition of a vessel in navigation is specific, and yet it can still be confusing. To clarify the definition, it helps to understand examples of ships that do not qualify under the Jones Act for the definition of a seaman:

• Vessels under initial construction or permanently removed from navigation. A vessel that has not yet entered maritime service, or one permanently withdrawn from service, may not qualify. Temporary repairs or time in dry dock do not automatically mean an operating vessel has lost its status.
• Certain fixed offshore platforms. A permanently fixed platform attached to the seabed generally differs from a vessel designed or practically capable of maritime transportation. Mobile drilling units and other floating offshore structures may require a different analysis.
• A new vessel being tested for seaworthiness does not qualify, even if it is navigable and afloat. A ship being navigated to ensure it is ready to be sent to whoever has purchased it is not a vessel in operation. It does not participate in commerce and does not qualify under the Jones Act if you are injured while working on it under these conditions.

A Seaman’s Contribution to the Work of the Vessel

There is one final aspect of qualifying under the Jones Act besides the “in navigation” and “significant amount of time” qualifications. This third factor is the requirement that your work contributes to the working of the vessel.

The statement is intentionally broad because a seaman does not have to be a sailor or someone who specifically operates or navigates the vessel. Any work aboard the vessel that contributes to its function qualifies.

The contribution requirement is intentionally broad. A worker does not have to navigate or operate the vessel directly. Many different types of work can contribute to the vessel’s function or mission.

Depending on their duties, examples may include:

• Cooks
• Deckhands
• Electricians
• Other service or crew members aboard passenger vessels

Performing work that contributes to a vessel’s mission satisfies only one part of the seaman-status test. The worker must still have the required substantial connection to a vessel or identifiable fleet.

Supreme Court decisions have made clear that a worker does not need to aid directly in navigation to satisfy this part of the test.

Do Independent Contractors Qualify Under the Jones Act?

Independent contractors may qualify for rights under the Jones Act in certain situations. The “borrowed service doctrine” allows some contract workers to be considered seamen by the Jones Act definition.

This means the contract worker is employed by a contracting company that sent them to work on a vessel. There is an employer-employee relationship, but the employer does not have to own the vessel.

A worker’s status as an independent contractor does not by itself determine whether Jones Act protections apply. Employment arrangements involving contractors, staffing companies, vessel operators, and borrowed employees can make it more difficult to determine both seaman status and which company qualifies as the employer.

Learn more about how the Jones Act may apply to contract workers and borrowed employees.

Working With a Jones Act Lawyer

The Jones Act is available to help anyone who qualifies to recover damages after maritime injuries. If you are uncertain whether you qualify under the Jones Act after experiencing an injury, contact an experienced lawyer to help you decide and then file a claim if necessary.

This professional can also be your representative if your case goes to arbitration or court. If you have a loved one who qualified as a seaman and died on the job, you can also rely on a maritime lawyer to help you get compensation.