Which types of vessels qualify for Jones Act coverage?

The vessel in navigation requirement

The vessel must operate in navigable waters of the United States, including oceans, gulfs, rivers, bays, sounds, and the Great Lakes. A vessel must be in navigation instead of being placed in drydock or undergoing major maintenance. Several features, such as crew quarters, bilge pumps, lifeboats, raked bow design, and Coast Guard registration, qualify structures as vessels when they meet the transportation capability standard.

Common vessel types that qualify

Watercraft engaged in maritime commerce and transportation on navigable waters are covered by the Jones Act. When a vessel meets the transportation capability standard and is used in navigation, courts recognize a number of vessel types as qualifying:

• Cargo ships, freighters, and tankers used in commercial maritime transport
• Cruise ships, passenger ferries, and other vessels carrying people for hire
• Tugboats, towboats, barges, and scows used to move cargo or assist other vessels, even when not self-propelled
• Commercial fishing vessels engaged in harvesting marine resources
• Supply and service ships supporting offshore operations, including offshore supply vessels (OSVs) and workboats
• Dredges that move from location to location while performing maritime work
• Drillships and semi-submersible rigs when they possess navigation capability
• Research vessels conducting scientific work on navigable waters
• Special-purpose ships designed for maritime functions

Floating structures with transportation capability

Certain floating structures qualify as vessels even without self-propulsion if they are capable of maritime transportation. Pontoon barges, floating platforms with mobility, and jack-up rigs under specific conditions can meet vessel standards when they function as watercraft capable of being used for transportation rather than as permanently positioned structures.

Courts assess these borderline cases individually, examining whether the structure's primary purpose and design support transportation functions or whether it serves as a fixed work platform.

Structures excluded from vessel status

Due to their lack of transportation capability, mobility, or operational status, certain maritime structures and watercraft are not subject to the Jones Act. Courts exclude structures that do not meet the standard for vessels in navigation:

• Fixed oil platforms anchored to the seabed that lack transportation capability and mobility
• Vessels in drydock undergoing repairs or major overhauls, which are temporarily not in navigation
• Land-based structures and vessels under construction that are not yet operational watercraft
• Permanently moored floating platforms intended to remain stationary rather than move between locations
• Non-commercial vessels or test vessels that do not engage in maritime commerce

ELG Law files Jones Act claims on behalf of injured seamen

We have years of experience representing victims of maritime injuries who work aboard vessels covered under the Jones Act. The vessel determination affects whether you can pursue Jones Act claims or fall under different maritime compensation systems like LHWCA. Contact Environmental Litigation Group, P.C. today to have our attorneys evaluate your case, determine whether Jones Act coverage applies to your employment and potential injury claims.