Military Sealift Command workers: Are you covered under the Jones Act?

The Military Sealift Command is part of the U.S. Navy, which provides ocean support for military operations around the world, such as transporting equipment, fuel, supplies, and ammunition. Unlike regular Navy ships, civilian mariners man and operate MSC ships. They handle navigation, engineering, deck work, and cargo management on government-owned vessels.

The Jones Act: MSC crew members and the legal definition of a seaman

The Jones Act is a key part of maritime law that allows injured seamen to file negligence claims against their employers. While this law protects many civilian mariners, there are important things to consider about how it applies to MSC civilian crew members.

According to prevailing maritime laws, anyone who spends a significant portion of their working time aboard any vessel that is actively in navigation can be considered a seaman. With that said, MSC crew members fall under this definition.

Since they operate and support the U.S. Navy and other government-owned vessels, MSC workers spend the majority of their time aboard ships navigating domestic and international waters. This makes them eligible for seaman status. The only key distinction between MSC employees and other merchant seamen is their employer. MSC crew members work for the federal government instead of a private shipping company.

Filing for Jones Act claims: What every MSC crew member must know

MSC crew members can still file claims through the Jones Act even if they are considered government employees. However, like privately employed seamen seeking compensation through the Jones Act, they must also meet certain requirements in order to qualify.

One of the most basic criteria when filing a claim under the Jones Act is to be considered a seaman. In most cases, those eligible to pursue claims under the Jones Act must spend at least 30% of their working time aboard a vessel or an identifiable fleet of vessels.

Likewise, the injury or illness must have occurred in navigable waters. These are bodies of water capable of supporting maritime commerce and other operations. The term 'navigable waters' may refer to the open seas, rivers, offshore platforms accessible by vessel, and docks or piers where vessel-related work is performed.

Additionally, their work must be connected to a vessel in navigation. Eligible roles may include crew members involved in navigation, vessel maintenance, cargo handling, and operational support. Furthermore, both the nature and duration of the work assignments must demonstrate a substantial connection to the vessel's function and operation.

What to do following an injury onboard a vessel

Taking the right steps right after an injury can make a big difference in any future legal claim. Injured MSC workers should keep careful records of what happened. This includes documenting what happened by taking photos of the scene. 

Equally important is preserving any evidence, like medical records or notes from doctors. It’s also important to get professional help. Besides getting medical care, affected crew members should talk to a lawyer.

ELG Law can help you file a compensation claim under the Jones Act

Legal claims for government-employed civilian mariners, like those working on MSC vessels, can be complicated. That’s why talking with legal experts is crucial.

If you or someone you know is a civilian crew member on an MSC vessel and has been injured at work, we advise you to contact our team to talk about your legal options. Schedule an appointment with ELG Law today.