Can a seaman injured at sea sue their employer for negligence?

What the Law Says

The Jones Act provides a federal cause of action for seamen injured due to their employer’s negligence. It is a cornerstone of maritime worker protection.

Under 46 U.S.C. § 30104, a seaman who suffers personal injury in the course of employment may bring a civil action against their employer for damages resulting from the employer’s negligence. This law replaces the common-law doctrine of fellow-servant immunity and allows seamen to sue directly — unlike most land-based workers covered by workers’ compensation.

To qualify, the injured person must meet the legal definition of a 'seaman': they must contribute to the function or mission of a vessel in navigation and have a substantial connection to a vessel or fleet of vessels in navigation — typically meaning at least 30% of their work time is spent aboard.

Statutory Text

A seaman injured in the course of employment or a personal representative of the seaman may elect to bring a civil action 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

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