Jones Act

The Jones Act (46 U.S.C. section 30104) gives a seaman injured in the course of employment the right to sue the employer for negligence, in state or federal court and often before a jury. The law applies instead of state workers' compensation, so there is no exclusive remedy and no benefit schedule. The employer owes maintenance and cure, a no-fault payment for living costs and medical care until maximum recovery, and the vessel owner may also face an unseaworthiness claim under general maritime law.

Who counts as a seaman is a legal test, not a job title. Under Chandris v. Latsis (U.S. 1995), a worker must contribute to a vessel's function and have a substantial connection to a vessel or fleet in navigation, which courts often measure as about 30% or more of work time. Deckhands, tugboat crews, fishing crews, dredge workers and some offshore workers qualify. Longshore and harbor workers fall under the Longshore Act instead; see USL&H coverage.

Standard workers' compensation policies do not respond to Jones Act claims. Employers cover it with maritime employers liability, usually by endorsement to a workers' compensation policy or on a stand-alone form, which pays damages, defense and maintenance and cure. Crews that mix seamen and shore-side staff may need both types of coverage. The guide on USL&H, the Jones Act and maritime employers liability explained explains how the pieces fit, and employers' liability covers the related Part Two coverage.