Can a cruise ship worker recover damages for injury under the Jones Act?

What the Law Says

The Jones Act provides a legal remedy for seamen injured due to their employer’s negligence. To qualify, a worker must meet the statutory definition of a 'seaman' and show that negligence played any part—even the slightest—in causing the injury.

The Jones Act is found in 46 U.S.C. § 30104 and applies specifically to 'seamen'—not all maritime workers. Courts have interpreted 'seaman' using a two-part test: (1) the worker’s duties must contribute to the function or mission of a vessel, and (2) the worker must have a substantial connection to a vessel (or fleet) in navigation, typically meaning at least 30% of their work time is spent aboard.

Unlike workers’ compensation, the Jones Act allows injured seamen to sue their employer for negligence—and to seek full damages, including lost wages, medical expenses, pain and suffering, and loss of earning capacity. The statute also guarantees the right to a jury trial.

Importantly, the burden of proof is low: the seaman need only show that employer negligence played 'any part, even the slightest,' in causing the injury—a standard known as 'featherweight' causation.

Statutory Text

A seaman injured in the course of employment may elect to bring an action… against the employer… for damages at law, with the right of trial by jury… if the injury was caused in whole or in part by the negligence of the employer.

— 46 U.S.C. § 30104 — Personal injury to or death of seamen

What to Do

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