Protecting The Rights Of Seamen Under The Jones Act

U.S. admiralty law gives crew members who meet the “seaman status” requirements special rights and remedies that other workers do not have.

The key difference is that shoreside employees usually cannot sue their employer. Instead, they are limited to the benefits available under their state workers’ compensation laws. On the other hand, one who qualifies for “seaman status” may sue their employer under a federal statute called the “Jones Act.”

Jones Act Seaman Injury

When a seaman suffers an injury or illness while serving on a vessel, the law requires the employer to provide two basic protections: a daily living allowance (maintenance) and payment for necessary medical care (cure). Under the Jones Act, these benefits are owed regardless of which party was at fault.

At Munch and Munch, P.A., our lead attorney, Jacob Munch, brings a rare combination of experience to these cases. Before becoming a lawyer, he worked at sea as a licensed Merchant Marine third mate and third engineer with the U.S. Coast Guard.

Today, as a Florida board-certified maritime attorney, he uses that background to protect crew members whose employers fail to provide the maintenance and cure benefits guaranteed by law.

Understanding Maintenance And Cure Benefits

If you get hurt or sick while serving on a vessel, U.S. maritime law gives you the right to receive maintenance and cure benefits, regardless of fault. These benefits make sure you can meet your basic needs and get proper medical care while you recover.

Maintenance: A daily payment to help cover food and housing when you’re off the ship. The amount is meant to support you until you reach Maximum Medical Improvement (MMI). The amount is based on a seaman’s actual living expenses at the time of the injury or illness.

Cure: Payment for all reasonable medical treatment related to your injury or illness, including doctor visits, hospital stays, surgery, therapy and prescriptions. The shipowner must pay for these costs until you reach Maximum Medical Improvement (MMI). The amount of cure depends on how severe your injury is and how long it will take you to recover.

Aside from work-related injuries, shipowners must provide maintenance and cure even if your illness or injury wasn’t caused by your job. For example, if a preexisting condition gets worse while you’re working on the ship, your Jones Act employer is still legally required to cover your medical bills and living allowance.

Who Qualifies As A Jones Act Seaman?

To receive maintenance and cure benefits and to bring additional claims under the Jones Act, a crew member must qualify as a “seaman.” U.S. courts use specific tests to decide if someone meets this standard.

The basic requirements include:

• Connection to a vessel: You must be assigned to a vessel or fleet of vessels in navigation.
• Substantial work on the vessel: You must spend at least 30% of your work time on the vessel while it is operating on navigable waters.
• Contribution to vessel function: Your duties must play a role in the vessel’s mission, whether that means navigating, maintaining equipment, preparing food for passengers or other essential tasks.

For example:

• A deckhand hauling nets on a shrimp boat qualifies.
• An engineer performing maintenance for the ship qualifies.
• A cook on a cruise ship qualifies because their work supports the vessel’s mission of serving passengers.
• A dockworker loading cargo from shore does not qualify, since they aren’t assigned to the vessel itself.

If you meet these requirements, you are considered a seaman under the Jones Act. That status gives you rights other maritime or shoreside workers don’t have, including the ability to sue your employer for negligence.

Meeting the Jones Act seaman status is a critical distinction in rights and remedies. It not only guarantees maintenance and cure, but also opens the door to larger claims for negligence if the Jones Act employer failed to provide a safe working environment.

Protection Against Employer Retaliation Under The Jones Act

The Jones Act also protects seamen from retaliation when they assert their Jones Act rights. Employers must not punish crew members for reporting unsafe conditions, filing an injury claim or testifying in a maritime case.

Retaliation can look like:

• Firing or demoting a seaman after they file a Jones Act claim
• Cutting wages or reducing shifts as punishment for reporting an injury
• Blacklisting or preventing a seaman from future employment in the industry
• Threatening deportation or visa issues for international crew members

If an employer engages in these actions, the seaman may bring an additional claim for wrongful discharge or retaliation. Courts can award lost wages, reinstatement and in some cases, punitive damages.

Whistleblower Protections

The law also recognizes that seamen play a key role in safety. Reporting dangerous conditions, defective equipment or violations of Coast Guard rules is a protected activity. A seaman cannot legally be punished for raising safety concerns that protect the crew and vessel.

With these protections, the Jones Act encourages seamen to speak up about dangers without fear of losing their jobs or livelihoods. When employers ignore these rules, our attorneys can hold them accountable.

Legal Assistance For Injured Seamen

Jones Act seamen possess the unique right to bring various other claims not available to shoreside employees, such as:

• Strict liability claims for unseaworthiness against a yacht or shipowner, regardless of the owner’s awareness of the dangerous condition
• Claims for maintenance and cure when employees have been injured or fallen ill while on duty aboard the vessel (regardless of fault)
• All aspects related to unearned wages and earned wages
• Wrongful discharge from employment and breach of contract

Jones Act seamen have these and other special rights to recognize the hazards associated with their shipboard duties. Each of these claims requires proof of specific elements. However, failure to prove even one factor can result in the dismissal of your entire claim, and you will not get compensation for your injuries.

Reach Out To An Experienced Maritime Lawyer Today

At Munch and Munch, P.A., our Florida maritime lawyers are licensed to practice throughout the state, and frequently bring suits in the federal district courts. Additionally, our firm is led by Jacob Munch, who is a Florida Supreme Court-certified circuit civil mediator.

If you are a Jones Act Seaman who has been injured or become ill while working and has not been paid maintenance and cure by your employer, call us at 888-976-3759 or email us so we can help protect your rights and assess your potential claim.