US FederalWhat does a maritime worker need to prove to recover under the Jones Act?
A maritime worker must prove they are a 'seaman' under federal law, that their employer was negligent, and that the negligence caused or contributed to their injury.
What the Law Says
The Jones Act provides a cause of action for injured seamen against their employers for negligence. To succeed, a plaintiff must meet specific statutory and judicially defined criteria.
Under 46 U.S.C. § 30104, a seaman injured in the course of employment may sue their employer for damages if the injury resulted from the employer's negligence. This is distinct from workers’ compensation — it requires proof of fault.
The statute does not define 'seaman,' but courts have established a two-part test: (1) the worker’s duties must contribute to the function of a vessel or to the accomplishment of its mission; and (2) the worker must have a substantial connection to a vessel (or fleet of vessels) in navigation — both in terms of duration (typically at least 30% of work time) and nature.
Negligence under the Jones Act is broader than common-law standards: even slight employer fault that plays any part — no matter how small — in causing the injury is sufficient. This is known as 'featherweight' causation.
Statutory TextA seaman injured in the course of employment or a personal representative of the seaman may elect to bring an action for damages at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.
— 46 U.S.C. § 30104 — Personal injury to or death of seamen
What to Do
Confirm seaman status by reviewing job duties, vessel assignment, and time spent working aboard vessels (aim for ≥30% of work time).
Document the injury, incident conditions, witness statements, and employer actions or omissions.
File a claim within 3 years of the injury date — the statutory deadline under the Jones Act.
Consult a maritime attorney early, as procedural rules and evidence standards differ significantly from state personal injury law.
Prepare for possible jury trial — the Jones Act explicitly guarantees the right to trial by jury.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.