Jones Act maritime injury attorney

A worker injured at sea is not covered by ordinary workers’ compensation. Maritime law provides a different and, in several respects, more favorable set of remedies — but only to workers who qualify as seamen, and qualifying is the question that decides most of these cases before anything else is argued. A deckhand on a tug, a dredge worker, a crew member on a supply vessel and a harbour worker who never leaves the dock stand in quite different legal positions on the same waterfront. Law Offices Of SRIS, P.C. has practiced since 1997 and handles injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

On This Page

Who counts as a seaman

The status test is functional rather than titular, and it turns on two things: whether the worker contributed to the function of a vessel in navigation, and whether the connection to that vessel or an identifiable fleet was substantial in both duration and nature.

Neither element is decided by a job title. Whether a structure counts as a vessel in navigation covers a wide range of craft, including some that rarely move under their own power, and it is litigated. Whether a connection is substantial in duration looks at the proportion of working time spent aboard, and whether it is substantial in nature looks at exposure to the perils of the sea.

Workers who fall outside the test are not without remedy. Longshore and harbour workers are generally covered by a separate federal compensation scheme, and shoreside employees may fall under state workers’ compensation. Pursuing the wrong remedy costs time that limitations periods do not return, so status is assessed at the outset rather than assumed from the job description.

Three remedies, and they operate differently

Negligence against the employer. A seaman may sue his employer for negligence, and the causation standard applied is notably lower than in an ordinary negligence case — a contribution to the injury, however slight, can suffice. Unsafe practices, inadequate crewing, insufficient training, defective equipment and orders to perform work in unsafe conditions are the usual grounds.

Unseaworthiness against the vessel owner. This is a separate claim and it does not depend on fault. A vessel and its appurtenances must be reasonably fit for their intended purpose. Defective gear, inadequate or improperly trained crew, unsafe methods of work and lack of proper equipment can each render a vessel unseaworthy, and the owner is answerable whether or not it knew.

Maintenance and cure. This obligation is owed to a seaman who falls ill or is injured in the service of the vessel regardless of fault and regardless of who caused it. Maintenance covers living expenses ashore during recovery; cure covers medical treatment until the point of maximum improvement. It is not damages and it is not contingent on winning anything. An employer who arbitrarily refuses or terminates it can face additional exposure, and refusals are common enough that they are worth challenging rather than accepting.

The reporting and record problem

Injuries at sea are documented differently from injuries ashore, and the documents are held by the employer.

Report the injury and insist that the report is written, accurate and that a copy is provided. Accident reports drafted afterwards by a supervisor frequently characterize events in ways the injured worker would not recognize, and a signed statement given while in pain, medicated or under pressure at sea is used later as an admission.

Records that matter: the official logbook and deck logs, crew lists and crewing records, maintenance and repair records for the equipment involved, safety meeting minutes, prior incident reports involving the same equipment or practice, vessel inspection and certification documents, and any photographs or video. Written preservation notice should go to the employer and the vessel owner early, because vessels are sold, repaired and repositioned.

Where a formal marine casualty investigation occurs, the resulting record can contain material nobody else preserved.

What the employer will argue

That the worker is not a seaman, and belongs in a different compensation scheme. That the injury did not occur in the service of the vessel. That the worker created the hazard himself, or failed to report a condition he knew about. That a pre-existing condition explains the presentation, which is why an accurate pre-employment medical history matters. And that maintenance and cure has reached its end because maximum improvement has been achieved — a determination frequently made on a paper review rather than on treating opinion, and frequently contestable.

Where the case is brought

Maritime claims can often be pursued in more than one forum, and the choice affects procedure and the availability of a jury. There are also mechanisms by which a vessel owner may attempt to limit its exposure, and such a proceeding runs on a short timetable that can catch an unprepared claimant. Deciding where and how to file is therefore an early strategic question rather than an administrative one.

Available insurance coverage

Vessel owners and operators typically carry protection and indemnity cover, which responds to crew injury claims, alongside hull and machinery cover and often excess layers. Charterers may carry their own. Where equipment failed, a manufacturer or a repair contractor may carry products or liability cover. Maintenance and cure is an obligation of the employer rather than a matter of insurance from the seaman’s standpoint, though it is usually insured. Complete policy documents rather than certificates should be obtained, because the identity of the owner, operator, manager and charterer is frequently split across entities.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Maritime and admiralty claims add a further layer. Claims governed by federal maritime law run on a federal limitations period that is distinct from the state periods above, and which period applies depends on where the incident occurred and on the nature of the claim rather than on the address of the marina. Contracts frequently shorten the time available: passenger tickets, charter agreements and rental contracts commonly impose notice and suit deadlines far shorter than any statutory period, and courts enforce them in many circumstances. Where a vessel owner seeks to limit liability, that proceeding runs on its own short timetable as well. Because a general period can be badly misleading in a maritime case, the deadline should be confirmed on the specific facts at the outset.

Frequently Asked Questions

How do I know whether I am a seaman?

It depends on function rather than job title: whether you contributed to the work of a vessel in navigation, and whether your connection to that vessel or an identifiable fleet was substantial in both duration and nature. Time spent aboard and exposure to the perils of the sea are central. It is a genuinely contested question in many cases and it should be assessed before any claim is filed, because the wrong route costs time.

What is maintenance and cure?

It is an obligation owed to a seaman who is injured or falls ill in the service of the vessel, regardless of fault. Maintenance covers living expenses ashore during recovery and cure covers medical treatment until maximum improvement is reached. It is not contingent on proving anything against the employer, and an employer who refuses it arbitrarily can face additional exposure.

My employer says my maintenance and cure has ended. Can it do that?

It can stop paying when maximum medical improvement is genuinely reached, but that determination is frequently made on a paper review by a physician who has not treated you. Treating opinion carries weight, and terminations are contestable. A cut-off notice is a position rather than a conclusion, and it should not be accepted without the medical basis being examined.

What does unseaworthiness mean?

That the vessel or its equipment was not reasonably fit for its intended purpose. It covers defective gear, inadequate or poorly trained crew, unsafe working methods and missing equipment. It is a claim against the vessel owner and it does not require proof of fault or knowledge, which makes it distinct from and often broader than the negligence claim against the employer.

I signed a statement after the accident. Is that a problem?

It is a common difficulty and rarely a fatal one. Statements taken at sea, in pain or under medication, and reports drafted by supervisors, are routinely used later as admissions. They can be addressed with the medical record, the physical evidence and the circumstances in which the statement was taken. Do not sign anything further without advice, and ask for a copy of everything already signed.

What if I work on the docks rather than on a vessel?

Then a different federal compensation scheme is likely to apply rather than the seaman’s remedies described here, and shoreside employees may fall under state workers’ compensation instead. The dividing lines are genuinely contested in some roles, and there may also be third-party claims against vessel owners or equipment manufacturers that exist alongside whichever scheme applies.

Can I be dismissed for bringing a claim?

Retaliation for pursuing legal rights is unlawful in various forms, and the concern is a real one in a small industry where employment is often vessel to vessel. It is a matter to raise directly with counsel at the start so that documentation is handled with it in mind. Fear of the consequences is one of the main reasons injuries at sea go unreported and later become difficult to prove.

How long do I have to bring a claim?

Maritime claims run on a federal period distinct from the state periods that govern ordinary injury claims, and which applies depends on the facts. Contracts can shorten the time considerably, and a proceeding by a vessel owner to limit liability runs on its own short timetable. Because a general answer can be badly misleading here, the deadline should be confirmed on your specific facts early.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Seaman status decides which remedies exist, and maritime deadlines differ from the state periods that govern ordinary injury claims. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.