Injured Offshore or on a Vessel?
You May Have Rights Under the Jones Act.
QUICK ANSWER
- Who can file a maritime injury claim after an offshore or vessel-related accident?
Workers who spend a significant part of their job working aboard a vessel may have the right to file a maritime injury claim if they are hurt on the job. This can include crew members, deckhands, commercial fishermen, tugboat workers, barge workers, offshore employees, and others who regularly work at sea or on navigable waters.
If the injury happened because of unsafe conditions, faulty equipment, inadequate training, or employer negligence, the injured worker may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.
Not all waterfront or offshore workers qualify. Employees who mainly work on land, casual visitors, and many dock or terminal workers are typically covered under different laws.
KEY TAKEAWAYS
What Maritime Workers Need to Know After an Injury
- Maritime workers who regularly work aboard a vessel may have legal protections after a job-related injury.
- Common qualifying jobs can include deckhands, crew members, commercial fishermen, offshore workers, tugboat crews, and barge workers.
- Workers may have a claim if an injury was caused by unsafe working conditions, defective equipment, lack of proper training, or employer negligence.
- Compensation may include medical expenses, lost income, future treatment costs, and pain and suffering.
- Some injured maritime workers may also qualify for payments that help cover basic living expenses and medical care during recovery.
- Maritime injury claims are time-sensitive, and important evidence can disappear quickly after an accident.
Martime Work is Dangerous Work
Deckhands, captains, engineers, tankermen, tugboat crew, barge workers, dredge crews, offshore supply vessel crew, commercial fishing crew, and other sea-based employees face risks most workers never encounter — vessel motion, weather, heavy lifting, cranes, lines, winches, watertight doors, slippery decks, and remote medical response. When something goes wrong on a vessel, the legal framework is not ordinary state workers’ compensation. It is a body of federal maritime law that often allows the injured worker substantially more than an ordinary work-comp award.
If you are a qualifying seaman, you may bring a negligence claim against your employer under the Jones Act when unsafe work methods, defective equipment, poor training, understaffing, unsafe orders, or delayed medical response cause your injury. You may also be entitled to maintenance and cure benefits — separate from any negligence claim — and to general maritime law remedies including a claim that the vessel was unseaworthy.
Raven Injury Law represents injured maritime workers and their families across the Texas Gulf Coast and beyond. We handle Jones Act, maintenance and cure, unseaworthiness, and other offshore injury matters. We listen first, evaluate carefully, and fight hard.
Who Is Covered by the Jones Act?
Not every maritime worker is covered. To qualify, you must generally be a “seaman.” The Jones Act statute itself does not meaningfully define that term, so courts decide who qualifies under the standards set out by the United States Supreme Court, most importantly in Chandris, Inc. v. Latsis.
The Two-Part Chandris Test
Under Chandris, you generally must meet two requirements:
- Your duties contribute to the function of a vessel or to the accomplishment of its mission. This is a broad threshold. You do not have to navigate the vessel. It is enough that you are doing the ship’s work or furthering the vessel’s purpose.
- You have a connection to a vessel in navigation, or to an identifiable group of vessels under common ownership or control, that is substantial in both duration and nature. This is the harder line. It exists to separate sea-based workers, who face the perils of the sea, from land-based workers whose vessel connection is only sporadic, temporary, or transitory.
The 30% Rule of Thumb
Vessel In Navigation
Common Works Who May Qualify
- Deckhands
- Captains and masters
- Mates and pilots
- Engineers
- Tankermen
- Cooks, stewards, and other ship's service crew
- Tugboat workers
- Barge workers and bargemen
- Offshore supply vessel crew
- Crewboat operators and crew
- Dredge workers
- Commercial fishing crew
- Drilling vessel crew (mobile offshore drilling units)
- Some offshore oil-and-gas vessel workers
Who Does Not Quality Under the Jones Act
Whether a worker is covered is one of the most heavily litigated questions in maritime injury law. Insurance companies and employers routinely argue that the worker is not a seaman, because that is often the cleanest way to defeat a Jones Act claim. The following workers are generally outside Jones Act coverage, although other federal remedies may apply:
Longshoremen and harbor workers
Longshoremen, dockworkers, ship-repair workers in shipyards, shipbuilders, and most harbor workers are generally covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq., not the Jones Act. The LHWCA is a no-fault federal compensation scheme.
Workers on fixed offshore platforms
Workers on fixed offshore platforms attached to the seabed of the U.S. Outer Continental Shelf — for example, fixed oil and gas production platforms — are generally covered by the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. § 1331 et seq., which often borrows LHWCA benefits and applies the law of the adjacent state. Fixed platforms are not vessels.
Workers covered by the 2022 aquaculture amendment
Effective in 2022, Congress amended the LHWCA to bring most aquaculture workers — fish farm and shellfish farm workers — under the LHWCA rather than treating them as Jones Act seamen, even when they work from boats. Aquaculture workers should expect status disputes.
Workers with only an occasional connection to a vessel
A worker who only occasionally boards vessels, performs temporary shoreside repairs, or works mainly on land typically will not satisfy the substantial-connection requirement. Examples include shore mechanics who occasionally board vessels, vendors delivering parts onboard, and repair workers dispatched to whatever boat needs work that day, with no fleet connection.
Passengers, casual boarders, and contractors-by-label
Passengers and casual boarders are not seamen. The label of “contractor” alone does not defeat seaman status — courts look at the actual relationship and duties — but workers who operate independently of any vessel crew structure usually will not qualify.
Important: If your employer or its insurer has told you that you are “not a seaman” or that your only remedy is workers’ compensation or LHWCA, get an independent legal opinion. Status determinations are fact-specific, and the answer often depends on records you may not have access to without counsel.
What Causes Jones Act Claims?
A Jones Act case is not based only on the fact that an injury happened offshore. The claim depends on whether the employer failed to use reasonable care under the circumstances and whether that failure caused or contributed to the injury. The negligence standard under the Jones Act is borrowed from the Federal Employers’ Liability Act (FELA), and federal courts apply a plaintiff-friendly causation standard: the employer’s negligence need not be the only cause of the injury, only a contributing cause.
Common Negligence Theories
Unsafe orders or work methods
An employer may be negligent if it requires the worker to perform a task in an unsafe way, with too few people, without proper planning, or in conditions where the job should have been delayed or modified. A dangerous offshore environment does not excuse a bad decision about how the work is carried out.
Defective or unsafe equipment
Broken tools, worn lines, defective winches, damaged ladders, faulty cranes, missing guards, and poorly maintained vessel equipment can support a claim if they cause injury.
Slippery or dangerous deck conditions
Oil, grease, water, fish slime, unsecured equipment, poor lighting, missing nonskid surfaces, or cluttered walkways can create dangerous conditions. The duty is reasonable care, not perfection — but unreasonable conditions still support negligence claims.
Failure to train, supervise, or warn
Maritime work often involves complex and time-pressured tasks. If a worker is sent into a dangerous task without proper training, adequate supervision, or warning of a known hazard, the employer may be responsible.
Understaffing and improper crew assignment
Some jobs require more than one person. If an employer assigns too few workers, or uses workers who are not qualified for the task, an otherwise manageable risk can become unreasonably dangerous.
Failure to respond properly after the injury begins
Negligence can also involve what happens after the worker is hurt or becomes ill. If the vessel delays medical evaluation, fails to communicate the seriousness of the condition, or unreasonably delays evacuation or diversion, that conduct can become part of the negligence case. The Supreme Court’s Chandris decision arose against a background like this — an engineer developed a serious eye condition aboard ship, a detached retina was suspected, and shoreside transfer was not promptly arranged.
A useful way to think about it:
Not negligence: rough seas, sudden weather, vessel motion, or ordinary offshore risk that could not reasonably be prevented.
Possible negligence: sending a worker into that same environment without proper equipment, enough crew, safe procedures, competent supervision, or a reasonable medical response.
What Damages Can Be Recovered?
The primary damages in a Jones Act personal injury case are compensatory. Subject to the FELA causation standard incorporated by the Jones Act, an injured seaman may seek compensation for losses proximately resulting from the injury. Recoverable categories typically include:
- Past and future medical expenses
- Past and future lost earnings
- Loss of earning capacity
- Past and future pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Other proven pecuniary losses
Maintenance and Cure (Separate Claim)
In addition to a negligence recovery, an injured or ill seaman is entitled to maintenance and cure. Maintenance covers basic living expenses while the seaman recovers. Cure covers reasonable and necessary medical treatment until maximum medical improvement. The obligation is not fault-based — it does not depend on whether the employer was negligent or whether the seaman was at fault. It is one of the oldest duties in maritime law.
When Punitive Damages May Be Available
Punitive damages are generally not recoverable for ordinary Jones Act negligence and are also generally unavailable on a traditional unseaworthiness theory. The viable punitive-damages avenue, when it exists, runs through maintenance and cure: where the employer’s refusal to pay maintenance and cure has been arbitrary, capricious, unreasonable, or willful, the seaman may be entitled to additional remedies, potentially including punitive damages and attorney’s fees. This is a separate fight and we plead it separately when the facts support it.
Attorney’s Fees
The Jones Act does not provide for routine attorney’s-fee recovery on the negligence claim itself. As a general matter, fees are not recoverable simply because the seaman prevails. Fees may, however, become available in the maintenance-and-cure context if the employer’s refusal to pay was arbitrary, capricious, unreasonable, or willful. Raven Injury Law works on a contingency fee basis; you do not pay attorney’s fees unless we recover for you.
Defenses Maritime Insurers Use — and How We Push Back
Maritime employers and their P&I (Protection and Indemnity) insurers run a recognizable defense playbook. The most common defenses we see, and how we approach them:
1) Status challenge — “You’re not a seaman.”
This is the most common opening defense. The insurer argues the worker did not spend enough time on the vessel, was not part of the crew, or was assigned to a fixed platform. We respond with employment records, hitch schedules, vessel assignments, crew rosters, payroll records, training records, and voyage history that show the substantial connection required by Chandris.
2) Comparative negligence
Unlike many state systems, Jones Act comparative negligence does not bar recovery. It reduces damages in proportion to the seaman’s fault. The defense will try to overstate the worker’s role in the injury; we counter with incident facts, witness statements, and documentary records.
3) Intoxication
Where a serious marine incident triggers chemical testing of directly involved personnel, those results — and any refusals or failures to test — may be raised as a defense. We examine the testing protocol, the chain of custody, and whether the test itself was properly conducted under the applicable rules.
4) Pre-existing condition
Insurers often argue that the seaman’s injury is a pre-existing condition rather than a vessel injury. The Jones Act causation standard is favorable: the employer’s negligence need not be the only cause, only a contributing cause. We document the post-incident change in condition through medical records, treating-physician testimony, and where appropriate, retained experts.
5) The McCorpen defense
The McCorpen defense is a pre-employment-disclosure defense unique to maintenance and cure. If a seaman intentionally concealed a material medical condition during pre-employment screening, and the concealed condition is connected to the later injury, the employer may avoid maintenance and cure obligations. McCorpen does not bar a Jones Act negligence claim. We are careful to evaluate any McCorpen exposure early.
6) Late reporting / first report defenses
Insurers often point to gaps between the alleged injury and the first written report as evidence the injury did not occur as described. We address late reporting with corroboration — witness statements, contemporaneous communications, medical records, and explanations grounded in the working environment offshore.
7) Forum-selection and arbitration clauses
Some maritime employment contracts include forum-selection clauses or arbitration provisions. Whether they are enforceable depends on the contract, the parties, and the venue. Read your employment paperwork carefully and bring it to the consultation.
How Long Do You Have to File a Jones Act Claim?
The general limitations period for a Jones Act claim is three years from accrual, under 46 U.S.C. § 30106. Federal courts have treated this period as a uniform federal statute of limitations. The Supreme Court’s discussion in Picciotto v. Continental Casualty makes clear that incorporating state savings statutes — for example, to refile after a voluntary dismissal — would defeat that uniformity, and a plaintiff cannot count on a state savings statute to preserve a Jones Act claim that has been dismissed.
That sounds simple, but in practice timing fights are complicated:
- Some claims accrue later than the date of injury under the discovery rule.
- Some claims for occupational disease, hearing loss, or repetitive trauma are governed by different accrual rules.
- Some written agreements with the employer may try to shorten the period.
- Maintenance and cure has its own analysis.
- Vessel logs, incident reports, witness statements, photographs, and maintenance records can disappear in months, not years.
If you are reading this and the injury happened more than 18 months ago, you are not necessarily out of time. But you should not wait. Call us today and we will tell you what we see.
Where Can the Suit Be Filed?
Jones Act claims may be filed in federal court or, under the savings-to-suitors clause of 28 U.S.C. § 1333, in state court — including Texas state court. Choice of forum can dramatically affect strategy, jury composition, discovery practice, and timeline. A maritime attorney with deep Texas Gulf Coast experience and federal-circuit appellate support adds value at this stage.
What Should You Do After a Maritime Injury?
After an offshore or vessel injury, try to preserve everything that exists in writing. Maritime injury cases live and die on contemporaneous records:
- Incident reports
- Captain's, master's, and supervisor reports
- Witness names and contact information
- Photographs and videos of the scene, the equipment, and any injury
- Vessel logs, The vessel name, official number, and last reported position reports, witness statements, photographs, and maintenance records can disappear in months, not years.
- Employer and supervisor names
- Medical and evacuation records
- Text messages, emails, and radio communications
- Pay records and time records
- Training records and crew rosters
- Any maintenance-and-cure communications, payments, or denials
- Any chemical-testing paperwork from a serious marine incident
Do not give a recorded statement to your employer’s insurance carrier without first speaking to your own lawyer. Insurance adjusters are not on your side. Their job is to pay as little as possible — that is their assignment. Get your own counsel in the loop before you give any statement.
Why Raven Injury Law?
Maritime injury cases are not ordinary personal injury cases. The applicable law is federal, the venues range from state district courts to the U.S. Court of Appeals for the Fifth Circuit, the medical and operational facts are technical, and the defense bar is well-funded and well-coordinated. You need a lawyer who understands the work, the law, and the people who do this work for a living.
- Charles M. R. Vethan is dual Board Certified by the Texas Board of Legal Specialization in Civil Trial Law and Consumer and Commercial Law — a distinction held by fewer than 1% of Texas attorneys.
- Over 25 years of practice. Over 20,000 matters handled. More than 90 cases tried to verdict or final award.
- Joseph L. Lanza, of counsel, brings appellate experience in the Fifth, Ninth, and Eleventh Circuits — the federal circuits where most maritime appeals are decided.
- Contingency fee. No attorney's fees unless we recover for you.
- Spanish-language consultation available. Se habla español.
Frequently Asked Questions
Q1. Do I qualify as a seaman under the Jones Act?
Q2. How long do I have to file a Jones Act claim in Texas?
The general limitations period is three years from accrual under 46 U.S.C. § 30106. Federal courts treat this as a uniform federal period. A plaintiff cannot rely on a state savings statute to revive a dismissed Jones Act claim. Some claims accrue later than the date of injury under the discovery rule. Do not wait.
Q3. What is the difference between the Jones Act and workers' compensation?
Workers’ compensation is generally a no-fault state system that provides defined but limited benefits. The Jones Act is a federal negligence statute that, for qualifying seamen, allows recovery of broader compensatory damages — pain and suffering, mental anguish, lost earning capacity, impairment, and disfigurement — provided the seaman can show employer negligence. The causation standard is favorable to the seaman.
Q4. What is maintenance and cure?
Q5. Can I get punitive damages on a Jones Act claim?
Generally no, not on the Jones Act negligence claim or on a traditional unseaworthiness claim. The recognized avenue for punitive damages in maritime injury work is willful, arbitrary, or unreasonable refusal of maintenance and cure. We plead that claim separately when the facts support it.
Q6. What is unseaworthiness?
Unseaworthiness is a separate claim under general maritime law. The shipowner has a non-delegable duty to provide a vessel reasonably fit for its intended use — including its hull, gear, equipment, appurtenances, and crew. A vessel can be unseaworthy without the owner being negligent. The two claims — Jones Act negligence and unseaworthiness — are usually pleaded together.
Q7. Are attorney's fees recoverable?
Not on the Jones Act negligence claim itself as a general matter. They may be available where an employer wrongfully refuses to pay maintenance and cure. Raven Injury Law represents Jones Act clients on a contingency fee basis. You do not pay our attorney’s fees unless we recover for you.
Q8. I was hurt on a fixed platform offshore. Do I have a Jones Act claim?
Probably not. Fixed platforms are generally not vessels, and workers injured on fixed offshore platforms on the U.S. Outer Continental Shelf are usually covered by the Outer Continental Shelf Lands Act and the LHWCA rather than the Jones Act. There are exceptions and overlaps. Have a maritime lawyer evaluate your specific situation.
Q9. What if I gave my employer a recorded statement before calling a lawyer?
Do not panic. Call us. We will work with the record we have. Going forward, do not give any further recorded statements to the employer’s insurance company without your lawyer present.
Q10. How much does it cost to hire Raven Injury Law for a Jones Act case?
Nothing up front. We accept Jones Act and offshore injury cases on a contingency fee basis. There is no charge for the initial consultation. We are paid only out of any recovery, and you do not owe us attorney’s fees if we do not recover for you.
Talk to a Houston Martime Injury Lawyer
If you were injured offshore, on a vessel, or while working as part of a maritime crew, Raven Injury Law wants to hear from you. We will sit down with you, listen, look at the records, and tell you honestly whether we believe you have a case. There is no charge for the initial consultation.
Call: (281) 500-1000
Email: intake@raveninjurylaw.com
Office: 1300 McGowen Street, Suite 200, Houston, Texas 77024
We accept Jones Act and offshore injury cases on a contingency basis. No attorney’s fees unless we recover for you.
About the Author. Charles M. R. Vethan is the founding attorney of Raven Injury Law and Vethan Law Firm, PC. He is a member of the State Bar of Texas and has over 25 years of trial and arbitration experience. He is Board Certified by the Texas Board of Legal Specialization in both Civil Trial Law and Consumer and Commercial Law — a dual specialization held by fewer than 1% of Texas attorneys. He has handled over 20,000 matters and tried more than 90 cases to verdict or final award.
Maritime appellate support: Joseph L. Lanza, of counsel, brings appellate practice experience in the Fifth, Ninth, and Eleventh Circuits, the federal circuits with the heaviest concentration of maritime injury appeals.
Reviewed: Content reviewed and approved by Charles M. R. Vethan, responsible attorney, prior to publication.
Disclaimer. This page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Reading this page or contacting Raven Injury Law does not establish a lawyer-client relationship; that relationship is formed only through a written engagement agreement. Maritime law is fact-specific. The application of the Jones Act, general maritime law, or any other statute to your case depends on facts not set out here.
Past results disclaimer. Prior results described or referenced do not guarantee a similar outcome. Each case is different and depends on the law, the facts, the evidence preserved, the venue, and many other variables.
Attorney advertising. This communication is attorney advertising under the Texas Disciplinary Rules of Professional Conduct, Part VII. Responsible attorney: Charles M. R. Vethan. Principal office: 1300 McGowen Street, Suite 200, Houston, Texas 77004. (281) 500-1000.