When you’re a seaman injured on the job, the legal landscape can feel confusing and overwhelming. What are your rights? Who is responsible for your medical bills and lost wages? Maritime law provides a special set of powerful protections for workers injured at sea, but understanding how they apply to your case is the critical first step.
To provide a clear and comprehensive overview, LKSA attorney Ian Taylor breaks down the three fundamental rights every injured seaman possesses.
This video is an essential resource for any maritime worker. Watch to learn about your right to sue an employer for negligence under the Jones Act, your claim for unseaworthiness, the absolute right to Maintenance and Cure, and the complex question of who qualifies as a “seaman.”
Video Transcript
(Ian Taylor): “A seaman has a variety of rights when they get injured on the job, and they have a variety of potential claims that might be available to them. First is a claim for negligence against their employer under the Jones Act.
Those are all factors that we need to look at, and frankly, it’s a complicated issue and one that you really need an experienced maritime attorney to be able to answer those questions for you.
A seaman has a variety of rights when they get injured on the job, and they have a variety of potential claims that might be available to them.
First is a claim for negligence against their employer under the Jones Act. What’s unique about this claim for seamen is that it’s one of the only industries in the country where an injured worker can file a lawsuit and have a negligence claim against their employer. Seamen have always been, protected by the court, and the Jones Act is a law that is designed to give them rights that other workers do not have.
They can also make a claim for what’s called the unseaworthiness of a vessel, and that is if something is wrong with the vessel that they were working on and that defect caused their injury, they can again sue the ship owner to recover their damages.
Finally, a seaman has a right to what’s called maintenance and cure, and this is a remedy that exists only for seamen, and again, it’s something that the employer is obligated to give them regardless of fault.
Whether or not the employer did anything wrong, that doesn’t matter. If a seaman gets hurt while on the job, they’re entitled to Maintenance and Cure. Maintenance is a daily payment from the employer that’s designed to cover the seaman’s living expenses. Cure is the obligation of the employer to pay for all medical treatment that is related to the injury that occurred aboard the vessel.
Any injury that they suffer while working offshore or aboard a vessel gives them the potential right to make a claim. Again, regardless of whether anyone did anything wrong to cause the injury, a seamen can get their Maintenance and Cure. With respect to the kinds of incidents and injuries we typically see that might give rise to a negligence or an unseaworthiness claim, it can really be a variety of things. They could be working in some sort of unsafe condition, whether there’s some slippery substance on the deck of a vessel, they could be forced to work in unsafe weather conditions in a storm.
There could be a piece of equipment on the vessel that’s not working and causes the injury. They could have to lift something that’s too heavy for, for them to be lifting on their own. Really, any injury has the potential to lead to a claim against the employer or the ship owner for either negligence or unsee worthiness.
We’ve seen a whole gamut of different kinds of injuries, some of the most common injuries we see our back injuries, which are often caused by some sort of heavy lifting or strain that’s put upon the seamen when he is asked to do an unsafe task.
We’ve seen traumatic brain injuries. There’s heavy equipment out on a vessel or offshore and if a, a seaman or a worker gets struck in the head with something, we’ve, we’ve dealt with a lot of traumatic brain injuries and those obviously can be very significant and affect an individual for the rest of their life.
We’ve seen torn knees, torn shoulders, broken limbs, and we’ve certainly had a lot of wrongful death cases. When something goes wrong out at sea, the effects can be substantial, ranging from minor injuries all the way to death.
How do you know if someone qualifies as a seamen under the Jones Act?
That’s a complicated question, and frankly, it’s an area of the law that is constantly evolving and there’s major decisions on what may qualify someone as a seaman that come out on a regular basis. And frankly, the courts often are confused by that issue. There are a few different factors we look at. One is, does the seaman contribute to the mission of the vessel that they’re working aboard, and that’s typically a test that’s easily met. Whether someone’s a cook or an engineer or the captain of the vessel, if they’re working on a boat, they are usually contributing to the mission of the vessel.
The harder question is, do they have a substantial connection to the vessel? And to answer that question, we need to look at how much time an individual may be working on a particular vessel. What percentage of their employment is spent aboard that vessel? Do they get assigned to different vessels that may be owned by different ship owners? Those are all factors that we need to look at, and frankly, it’s a complicated issue and one that you really need an experienced maritime attorney to be able to answer those questions for you.”
Key Takeaways on Seaman’s Rights
As Ian explains, maritime law provides three core protections for injured seamen. Remember these key points:
- The Three Fundamental Rights:
- Jones Act Negligence: A seaman’s unique right to file a negligence lawsuit against their employer, a protection most other workers do not have.
- Unseaworthiness: A claim against the vessel owner if an unsafe condition or defect on the ship caused the injury.
- Maintenance and Cure: An absolute, “no-fault” right to receive a daily living stipend (Maintenance) and have all related medical bills paid for (Cure) by the employer.
- Any Injury Can Lead to a Claim: While Maintenance and Cure is owed for any injury on the job, a negligence or unseaworthiness claim can arise from countless situations, including slippery decks, unsafe weather, faulty equipment, or improper lifting tasks.
- Determining “Seaman Status” is a Complex Legal Question: Whether a worker legally qualifies as a seaman is a complicated issue that courts regularly debate. It depends on factors like your connection to a vessel and the work you do, and it requires analysis by an experienced maritime lawyer.
Determining Your Seaman Status is a Critical First Step
As Ian notes, the question of who qualifies as a seaman is complex, even for the courts. This determination is the gateway to your most powerful rights. Simply being called a “seaman” by your employer is not enough, and in some cases, workers who don’t think they qualify actually do.
Before you accept an insurance company’s opinion or sign away your rights, it is crucial to have your case evaluated by a legal team that has a deep and nuanced understanding of maritime law.
The attorneys at LKSA focus on complex maritime litigation. We know the law, and we know your rights. Contact us today for a free, confidential consultation to discuss your case. Call us at (504) 588-1500 or fill out our online form.
