What is the definition of “seaman” under the Jones Act?
Why does it matter?
Under the Jones Act, only seamen qualify for the protections afforded therein. Unfortunately, the Jones Act doesn’t define “seaman.” Therefore, it has been left to the courts to wrestle with the definition, and wrestle they have.
The protections afforded under the Jones Act are unique, in that they cover a special class of workers (i.e. seamen) and allow them to directly sue their employer in tort, for negligence, amongst other remedies, as opposed to most traditional workers compensation schemes which do not allow for a direct action, in tort, against an employer. In terms of dollars and overall compensation, the difference is huge. Without going in detail about the remedies afforded under the Jones Act versus traditional workers compensation schemes, just note that under the Jones Act, monetary awards to seamen are usually much greater than what is available under workers compensation.
I will be spending a lot of time creating content which examines the question of “who qualifies as a seaman under the Jones Act.” As we will see, the legal test for seaman status has changed over the years and formulations tend to vary, particularly amongst federal circuits. The U.S. Supreme Court has weighed in on this question several times and we will examine these cases in depth, as the evolution of the seaman test helps inform us about the current formulations.
The issue of seaman status under the Jones Act is many times a hotly contested and litigated issue. Why is this? The test for seaman status under the Jones Act is not black and white and is subject to different interpretations depending on the specific facts of any given case. As many are aware, there are tons of maritime jobs which require both time at sea and time on land. As we will see, the percentage split between these two types of employment (sea-based v. land-based) is an important component in determining seaman status under the Jones Act. Whether a maritime worker qualifies as a seaman under the Jones Act or a longshoreman under the Longshore and Harbor Worker’s Compensation Act (LHWCA) determines whether they will be able to directly sue their employer in tort for negligence or be stuck with a traditional workers compensation scheme such as the LHWCA.
While weekly wages paid under the LHWCA is usually more than maintenance and cure under the Jones Act and general maritime law, ultimately, a Jones Act seaman usually receives quite a bit more compensation for their injury claim under the Jones Act. We will explore these intricacies in depth as we continue to generate more content.
Over the next several weeks I will be rolling up my sleeves and pulling out my old research files to flesh out these issues in both articles and videos. I encourage anyone who has any questions related to seaman status to reach out and let’s discuss. I look forward to providing you with a lot more additional content as it relates to seaman status under the Jones Act.
