Therefore court-made law (“case law”) defines who qualifies to claim under the Act. Why qualifying as a Jones Act Seafarer is important: because connecting an employer’s negligence to the injury is easier. All one has to prove is that an employer’s negligence plays “Any part, even the slightest, in producing the injury or death for which damages are sought.” Ferguson v. Moore-McCormick Lines, Inc., 352 U.S. 521, 523 (1957). This is true whether the case is one for wrongful death or personal injury.

It is important that those claiming because of injury to or wrongful death of a Jones Act Seafarer take action as soon as possible to protect the evidence needed to make a claim successfully. Please click on this link-box to download our paper, What To Do To Protect Your Rights To Claim For Injury  

Another important reason to determine if a worker is a seafarer relates to the claim for wrongful death compensation. Because the Jones Act refers to the railway workers’ rights, who can claim damage is different from those seeking such damage for the wrongful death of a non-Jones Act Seafarer or a passenger; typically, the surviving spouse and children may claim. No loss of comfort and society damage is allowed; although, the monetary value of certain services the departed would have provided may be claimed.

Please see our section on WRONGFUL DEATH AT SEA for more information and a PDF for downloading. 

Who qualifies as a Jones Act Seafarer? There is no bright-line or black and white rule. The U. S. Supreme Court provided basic principles, following which various lower federal courts have provided different interpretations. Baseline principles are that the mariner must be an employee or, “have a connection to a vessel "substantial in duration and nature" might qualify as an "employee" for Jones Act purposes. See, Boy Scouts of America v. Graham, 86 F.3d 861, 866 (9th Cir. 1996).” Moyer v. Cameron, No. C07-0285-JCC, 2007 U.S. Dist. LEXIS 107904, at *7 (W.D. Wash. Aug. 24, 2007). The U.S. Supreme Court’s guidance regarding substantial connection is that at least 30% of service time should be in the service of a vessel or fleet owned by the same employer.

A worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act. This figure of course serves as no more than a guideline . . .

Chandris, Inc. v. Latsis, 515 U.S. 347, 371 (1995) Of course, newly hired workers, are evaluated without regard the actual time spent in service.

Jones Act Seafarers have a right to claim upfront money benefits under the general maritime law of Maintenance and Cure. This is a very different law from the Jones Act.

Please see our section on MAINTENANCE AND CURE BENEFITS RIGHTS  for more information and a PDF for downloading.