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Jones Act Lawyers for Injured Seamen and Maritime Workers

If you are a crewmember who has been injured while working on a vessel, the Jones Act gives you powerful legal rights that ordinary workers’ compensation laws do not. The Jones Act allows injured seamen to sue their employer for negligence and to recover damages for lost wages, pain and suffering, disability, and loss of future earning capacity — and it preserves the right to a jury trial.

The Seattle-based Jones Act attorneys at Kraft Davies Olsson PLLC have more than 45 years of combined experience representing injured seamen, fishermen, deckhands, ferry workers, tug crews, and merchant mariners. Our firm has recovered tens of millions of dollars for crewmembers injured aboard factory trawlers, longliners, tugs and barges, Washington State Ferries, container ships, and other commercial vessels operating in Puget Sound, the Columbia River, the Bering Sea, the North Pacific, and around the world.

Free consultation. No fee unless we recover for you. Call 206.624.8844, 24 hours a day.

What Is the Jones Act?

The Jones Act is a federal maritime law that gives qualifying seamen the right to recover damages from their employer for injuries caused by negligence in the course of their employment. Originally enacted in 1920 as Section 33 of the Merchant Marine Act, the law is now codified at 46 U.S.C. § 30104.

Unlike state workers’ compensation systems — which typically pay only a portion of lost wages and medical bills and bar employees from suing their employer — the Jones Act preserves the seaman’s right to a jury trial and the right to recover the full range of personal injury damages: lost past and future wages, lost earning capacity, medical expenses, pain and suffering, and damages for permanent disability and disfigurement.

The Jones Act exists because the work of seamen is inherently dangerous and because, historically, mariners injured at sea had no effective remedy against their employers. Congress recognized this gap and gave injured seamen the same right to sue for negligence that railroad workers had been given under the Federal Employers’ Liability Act (FELA). Many of the legal rules that govern Jones Act cases come directly from FELA case law.

Who Qualifies as a Seaman Under the Jones Act?

To bring a claim under the Jones Act, you must qualify as a “seaman.” There is no single statutory definition. Instead, courts apply a two-part test set forth by the United States Supreme Court in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995):

Your duties must contribute to the function of the vessel or to the accomplishment of its mission. This part of the test is broad. Almost anyone who works aboard a vessel and helps it carry out its purpose meets this requirement, including deckhands, engineers, cooks, processors, mates, captains, and most other crewmembers.
You must have a substantial connection to a vessel in navigation, both in duration and in nature. As a general rule, courts treat roughly 30% of working time spent in service of a vessel (or a fleet of vessels under common ownership or control) as a substantial enough connection.

You do not need to be a U.S. citizen to qualify as a Jones Act seaman, and you do not need to spend all of your time at sea. Workers like fish processors aboard catcher-processors, tug deckhands, factory trawler engineers, and ferry crews routinely qualify.

If you are unsure whether you qualify, contact a maritime injury attorney. Determining seaman status often requires a careful look at your job duties, the vessels you worked on, and how your time was spent. Our lawyers handle this analysis as part of every free consultation.

The Three Remedies Available to Injured Seamen

Injured seamen typically have three separate but overlapping claims under maritime law. A skilled Jones Act lawyer pursues all three.

1. Jones Act Negligence

Under the Jones Act, your employer is liable if its negligence — or the negligence of any officer, agent, or co-worker — played any part, even the slightest, in causing your injury. This is known as the “featherweight” causation standard, and it is much more favorable to the injured worker than the standard applied in ordinary personal injury cases. (See CSX Transportation, Inc. v. McBride, 564 U.S. 685 (2011).)

Examples of Jones Act negligence include failure to provide a safe place to work, failure to provide adequate equipment, failure to properly train or supervise crew, working a vessel short-handed, failure to follow safety rules, and ordering a crewmember to work in an unsafe manner.

2. Unseaworthiness

The general maritime doctrine of unseaworthiness gives a seaman the right to recover damages from the vessel owner when the vessel, its equipment, or its crew is not reasonably fit for its intended purpose. Unseaworthiness is a strict liability claim — the owner is responsible whether or not it was negligent. (See Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (1960).)

A vessel can be unseaworthy for many reasons: defective gear, worn-out lines, inadequate manning, an undertrained crew, a two-person task assigned to one person, or any condition that makes the work unreasonably dangerous.

3. Maintenance and Cure

Regardless of fault, a seaman who is injured or falls ill in the service of a vessel is entitled to “maintenance and cure.” Maintenance is a daily living stipend that covers food and lodging while the seaman recovers ashore. Cure is the payment of reasonable and necessary medical expenses until the seaman reaches “maximum medical improvement.”

Maintenance and cure is one of the oldest rights in maritime law. Employers who unreasonably delay or refuse to pay maintenance and cure may be liable for punitive damages. (See Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009).)

Damages You Can Recover in a Jones Act Case

A successful Jones Act claim can result in compensation for:

Lost past wages, including overtime, season bonuses, crew shares, and the value of room and board
Lost future earning capacity, including loss of fishing shares and seniority
Past and future medical expenses
Vocational retraining when an injury prevents a return to work at sea
Pain, suffering, and mental anguish
Permanent disability, scarring, and disfigurement
Loss of enjoyment of life
Wrongful death damages when an injury results in the death of a seaman

In cases of egregious employer conduct — particularly the unreasonable failure to pay maintenance and cure — punitive damages may also be available.

How Long Do You Have to File a Jones Act Claim?

The Jones Act has a three-year statute of limitations. In most cases, you must file your lawsuit within three years of the date of injury. (46 U.S.C. § 30106.)

But important practical deadlines often arise much sooner:

Many employers begin paying (or denying) maintenance and cure within days of an injury, and the records and statements created in those first weeks often shape the entire case.
Witnesses — particularly other crewmembers — rotate off vessels, change employers, and become difficult to locate.
Physical evidence aboard the vessel (broken equipment, worn lines, defective rigging) can disappear quickly.
Some claims, such as those involving Washington State Ferries or other government entities, may be subject to shorter notice-of-claim requirements.

If you have been injured, contact a maritime attorney as soon as you reasonably can — even if you are still receiving medical care.

Where Jones Act Cases Are Filed

Jones Act cases can be filed in either federal or state court. Under the “saving to suitors” clause (28 U.S.C. § 1333), an injured seaman has the right to sue in state court and to a jury trial — one of the few areas of admiralty law where state courts have concurrent jurisdiction with federal courts. Choosing the right forum is a strategic decision that can significantly affect the outcome of your case.

Our firm regularly litigates Jones Act cases in King County Superior Court and in the United States District Court for the Western District of Washington, as well as in courts throughout Alaska, Oregon, and California.

Common Jones Act Injuries

The injuries we see most often in Jones Act cases include:

Back, neck, and spine injuries from heavy lifting, slips and falls, and being thrown around in heavy seas
Crush injuries from cargo, gear, lines, and machinery
Hand and finger injuries from working with knives, hooks, sorting tables, and processing equipment
Traumatic brain injuries
Shoulder injuries, including rotator cuff tears
Hernias
Burns from engine room incidents, galley fires, and chemical exposures
Hearing loss from prolonged exposure to engine noise
Repetitive stress and overuse injuries common in fish processing and longlining
Hypothermia, drowning, and man-overboard deaths

Our firm has handled multimillion-dollar verdicts and settlements involving each of these categories of injury.

How Maritime Employers Defend Jones Act Claims

Maritime employers and their insurance carriers are sophisticated adversaries. Common defense tactics include:

Pressuring the injured worker to sign a release or settlement before they understand the value of their claim
Sending company doctors or “company-friendly” physicians to dictate medical treatment
Cutting off maintenance and cure prematurely
Asserting that the worker is not a “seaman” under the Jones Act
Arguing that the worker was solely responsible for their own injury
Conducting recorded statements and social-media surveillance to find inconsistencies

Before you sign anything, speak with an attorney. Our lawyers have decades of experience countering these tactics on behalf of injured seamen.

What to Do After a Maritime Injury

If you have been hurt aboard a vessel:

Report the injury in writing. Make sure the incident is logged in the vessel’s official records.
Get medical attention from a doctor of your choice. You are not required to be treated only by the company doctor.
Identify witnesses. Get names and contact information for crewmembers who saw what happened.
Preserve evidence. Photograph the scene, equipment, and any conditions that contributed to your injury.
Do not give a recorded statement to your employer or its insurer until you have spoken with an attorney.
Do not sign a release. A release given for a small sum can extinguish a claim worth far more.
Contact a maritime attorney. A free consultation costs you nothing and protects your rights.

Frequently Asked Questions About the Jones Act

Is the Jones Act the same as workers’ compensation?

No. State workers’ compensation laws generally bar employees from suing their employer and limit recovery to a portion of lost wages and medical expenses. The Jones Act allows seamen to sue their employer for negligence and recover the full range of personal injury damages, including pain and suffering and lost future earnings.

Do I have to be a U.S. citizen to file a Jones Act claim?

No. Foreign nationals working as seamen aboard vessels may bring Jones Act claims in U.S. courts where appropriate factors connect the case to the United States.

Does the Jones Act cover injuries to passengers?

No. The Jones Act protects seamen — crewmembers who work aboard vessels. Passengers injured aboard cruise ships or other vessels generally have claims under general maritime law rather than the Jones Act. Our firm handles both types of cases.

What if I was partly at fault?

You can still recover under the Jones Act. Maritime law applies pure comparative fault: your damages are reduced by your percentage of fault, but you are not barred from recovering, even if you were primarily at fault.

Can I be fired for filing a Jones Act claim?

It is unlawful for an employer to retaliate against a seaman for exercising rights under the Jones Act. If you have been demoted, terminated, or blacklisted after reporting an injury, contact our office.

How much does a Jones Act lawyer cost?

Our firm handles all Jones Act cases on a contingent fee. You pay no attorney’s fees unless we recover compensation for you. The initial consultation is free.

Does the Jones Act apply to fish processors?

Often, yes. Fish processors who work aboard a vessel (such as a factory trawler or catcher-processor) and have a substantial connection to that vessel generally qualify as seamen under the Jones Act.

Does the Jones Act apply to longshoremen and dock workers?

Generally no. Longshore and harbor workers who load and unload vessels but are not crewmembers are typically covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), not the Jones Act. Some workers — such as ship repair workers — may have claims under both schemes depending on their job duties.

What if my loved one died at sea?

Maritime law provides remedies to the families of seamen who die on the job, including under the Jones Act and, for deaths on the high seas more than three nautical miles from shore, the Death on the High Seas Act (DOHSA). Our firm has handled maritime wrongful death cases for decades, including a recent $2.4 million maritime death recovery.

Why Choose Kraft Davies Olsson PLLC

Maritime injury law is a small, specialized field, and not every personal injury law firm has the experience to handle a Jones Act case effectively. When you hire Kraft Davies Olsson PLLC, you get:

More than 65 years of combined maritime trial experience. Our lawyers have tried Jones Act cases in state and federal courts throughout the Pacific Northwest and Alaska.
A track record of multimillion-dollar results, including a $3.17 million deckhand injury recovery, $2.4 million for a maritime death, and $2.3 million for a ferry worker injury.
Knowledge of the maritime industry. We know factory trawlers, longliners, tugs, ferries, and merchant vessels — the equipment, the chain of command, and the safety rules.
Experience against the largest defendants in the industry, including American Seafoods, Trident Seafoods, Icicle Seafoods, Foss Maritime, Crowley, Washington State Ferries, Holland America Line, and many others.
A contingent-fee promise. No attorney’s fee unless we recover for you.
A firm that comes to you. If you cannot travel to our Seattle office, we will meet you where you are.

Our practice covers the full range of Jones Act injuries:

Speak With a Jones Act Lawyer Today

If you or a loved one has been injured working aboard a vessel, time matters. Evidence disappears, witnesses move on, and the statute of limitations runs. Kraft Davies Olsson PLLC offers a free, confidential consultation with a maritime attorney who can evaluate your claim and explain your rights.

Call 206.624.8844 — available 24 hours a day, 7 days a week.

Submit our online contact form for a free consultation.

Kraft Davies Olsson PLLC

1700 7th Ave, Suite 2100

Seattle, WA 98101