Maritime Law
The Jones Act, maintenance and cure, and the general maritime law give seamen stronger rights than almost any other class of worker. Don't let your employer minimize what you're owed.
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The Merchant Marine Act of 1920 — the Jones Act — gives qualified seamen the right to sue their employer directly for negligence. The burden on the plaintiff is dramatically lower than in ordinary negligence cases: the employer's negligence only needs to have played "any part, even the slightest," in causing the injury. This "featherweight" causation standard combined with the right to a jury trial makes Jones Act cases among the most favorable for injured workers. If your employer, a fellow crew member, or the vessel's equipment contributed to your injury, you likely have a claim. Maritime lawyers evaluate Jones Act seaman status based on the nature of your work and how much time you spend aboard qualifying vessels.
Passengers injured aboard cruise ships, ferries, charter boats, and tour vessels have claims under general maritime law — but face unique challenges. Cruise ship ticket contracts contain mandatory venue provisions (usually Florida federal court), short notice-of-claim requirements (often 180 days), and limited suit periods (often 1 year). Maritime law requires vessel owners to exercise reasonable care for passenger safety. Common passenger claims include slip and falls, gangway injuries, tenders accidents, aquatic excursion injuries, and crimes aboard. Documentation of the hazard, prior incidents, and the ship's notice of the condition are critical to establishing liability.
Offshore energy workers face some of the most dangerous working conditions in any industry. Platform workers may be covered by the Outer Continental Shelf Lands Act (OCSLA), the LHWCA, the Jones Act (if aboard a vessel), or state workers' comp — and the applicable law is hotly contested by employers. Divers have unique rights under maritime law and face injury patterns (decompression illness, gas toxicity, equipment failure) requiring specialized medical and legal expertise. Supply boat crew members and offshore construction workers are often Jones Act seamen with full maritime rights. An attorney with offshore experience determines which law gives you the best recovery and pursues the maximum available.
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