By Treven Pyles on December 14th, 2025 in Jones Act
Maritime workers face higher risks of injury or occupational illness from their exposure to various hazards in their industry. The Jones Act provides a legal process for seafarers to get higher compensation and broader coverage if they can prove that the company is at fault for negligence or unseaworthiness.
There are about 400,000 maritime workers in the United States, and they are facing significantly higher risks of injury, illness, and fatality than any other American workers. Unlike most employees in other industries, maritime workers are not usually covered by standard state worker compensation laws. Instead, a federal statute known as the Merchant Marine Act of 1920, or the Jones Act, allows injured seafarers to file legal action against their employers.
The fundamental difference lies in the requirement of fault. Standard workers' compensation laws in most states are no-fault systems, meaning that you may claim benefits regardless of the cause of the accident. Meanwhile, under the Jones Act, a seafarer bears the burden of proving that their employer is at fault for the injury or occupational illness. The maritime worker doesn't need to prove the employer is 100% at fault, but must show the company is at least partially negligent in maintaining the vessel's safety.
Land-based workers covered by standard workers' compensation laws may receive faster payouts under a no-fault system, but benefits are typically capped and limited to economic damages. The Jones Act allows maritime workers to recover higher compensation if negligence or unseaworthiness is proven and to pursue claims for non-economic damages like pain and suffering and mental anguish. Because these benefits provide broader coverage than typical state compensation laws, eligibility requirements for filing are also strict. You must meet the classification of a seafarer to be able to file a claim.
The Jones Act protects a broad range of maritime workers, including captains, engineers, fishermen, stewards, bartenders, divers, and others. Any worker who spends at least 30% of their time working on a vessel (or a fleet of vessels) in navigation is eligible for injury or illness claims under the Jones Act. These occupations may include the following:
This rule separates seafarers from other maritime workers in docks, like longshoremen and harbor workers, who are covered by a no-fault system called the Longshore and Harbor Workers' Compensation Act (LHWCA). If you believe you qualify for a Jones Act claim as a seafarer, you may reach out to our attorneys to recover damages for your injury or occupational illness from maritime exposure.
In pursuing compensation for injuries or illnesses from maritime occupational exposure, you may face many hurdles and complicated steps. Employers and agencies may try to misclassify your status as a seafarer to minimize their liabilities. ELG Law can help you file a successful Jones Act claim. Our attorneys can evaluate your work history, check your eligibility, and help you pursue maximum compensation for damages you suffered from your maritime exposure.