Jones Act Lawsuits and Settlements

Compensation for Injured Maritime Workers

At IL Work Injury Lawyer, we represent clients across Illinois who have been hurt while working at sea, on rivers, or in ports. Our team has extensive experience handling Jones Act lawsuits and settlements, helping injured seamen and offshore workers recover the compensation they deserve. 

Whether you were injured on a barge, fishing vessel, cruise ship, or any other maritime job, we understand the challenges you face. From lost wages and mounting medical bills to future medical expenses, our goal is to protect your legal rights and hold negligent employers accountable under maritime law.

Jones Act Settlement Amounts Recovered by Our Law Firm

$4,000,000 Settlement – James, a deckhand on a vessel docked near Chicago’s Navy Pier, suffered severe burns to his arms and legs when a fire erupted due to improperly stored fuel. The case value reflected his extensive medical treatment, permanent scarring, and the employer’s negligence in ignoring maritime safety protocols under the Jones Act.

$3,100,000 Settlement – Mark, working on a Great Lakes shipping vessel, was injured when a cargo rack collapsed, crushing his arm and shoulder. His Jones Act claim was strengthened by medical reports from Northwestern Memorial Hospital confirming permanent limitations that ended his maritime career. Poor maintenance and clear negligence were significant factors in securing compensation for lost income and future pain.

$1,500,000 Settlement – Captain Robert slipped on an oil-covered deck while his vessel was docked at the Port of Chicago. The employer disputed the injury as pre-existing, but accident reports, witness testimony, and medical evaluations supported his Jones Act lawsuit. The settlement reflected his medical bills, emotional distress, and long-term work restrictions in the maritime industry.

Jones Act Lawsuit Updates

July 12, 2024 – Hawaiian company challenges the constitutionality of the Jones Act

A Hawaii-based shipping company has filed a legal challenge questioning whether the Jones Act violates the U.S. Constitution. The lawsuit argues that restrictions on foreign-built and operated vessels raise shipping costs and harm businesses relying on maritime transport, particularly in non-contiguous states like Hawaii and Alaska.

August 21, 2024 – Congressman Ed Case reintroduces Jones Act reform bill

Congressman Ed Case announced the reintroduction of legislation aimed at reforming the Jones Act. The bill seeks exemptions for non-contiguous U.S. jurisdictions to reduce shipping costs and improve competition. Case emphasized that the current law places economic burdens on residents and businesses in areas heavily dependent on maritime transport.

Example Jones Act Cases

$17.1 million verdict – Oil rig manager contracts pneumonia from unsafe water

George Tillman, an oil rig manager, alleged he contracted pneumonia from contaminated drinking water after a desalinator malfunctioned. Company memos warned that purchased water might be unsafe, but testing was inconsistent. Tillman developed a pulmonary embolism, permanent lung damage, and could not return to work. He claimed his employer wrongfully terminated medical benefits despite his doctor’s statement that further treatment was necessary. The defense argued no direct link to the water and said the benefits ended in good faith. 

$8.7 million verdict – Offshore mechanic supervisor suffers disabling back injury

Willie Williams, a mechanic supervisor, claimed he was forced to repair drilling equipment alone without assistance, leading to a herniated disc, chronic pain, and drop foot. He underwent multiple surgeries, including a spinal fusion, and was deemed permanently disabled. The defense argued the injury was a pre-existing degenerative condition and that Williams could have requested help. Plaintiff’s experts said unsafe work demands and poor maintenance caused the incident. 

$7.86 million verdict – Safety advisor injured in fall on vessel staircase

Gordon Gillies, a safety advisor, fell on a staircase missing a protective bullnose, injuring his sacroiliac joint and developing nerve damage, causing leg pain and numbness. He claimed the employer failed to follow inspection protocols and maintain the stairs. The defense denied that the hazard was dangerous and argued that Gillies was inattentive. Gillies experienced chronic pain, underwent injections, and was told he may need surgery. The jury found negligence and unseaworthiness, assigning most of the fault to the employer. 

$7.11 million verdict – Tugboat deckhand struck in the face by loose steel pole

William McCoy, a tugboat deckhand, was struck in the face by a steel stanchion that broke loose when a mooring rope was wrapped around it. He suffered severe facial fractures, required three surgeries, had a titanium plate implanted, and sustained a shoulder injury. McCoy alleged the dredging company’s employee improperly secured the rope, creating a dangerous condition. The defense denied negligence and claimed no duty to inspect the line continually. 

$6.83 million verdict – Drilling ship deck foreman injured by unsecured riser beam

Michael Eaglin, a deck foreman, was pinned between a massive riser beam and a handrail during offshore operations. He sustained multiple rib and vertebral fractures, a shoulder injury, renal damage, disc herniations, and psychological trauma. He underwent years of treatment, including spinal fusion surgery, but continued to suffer from back pain. Eaglin alleged the employer failed to provide adequate training, personnel, and equipment. The defense claimed Eaglin was responsible for securing the beam. 

$6.28 million verdict – Cruise ship janitor disabled from heavy lifting injuries

Willy Dolcin, a cruise ship janitor, alleged that overwork, inadequate staffing, and unsafe equipment caused a severe back injury from cumulative heavy lifting. He underwent lumbar fusion surgery in the Dominican Republic, which failed, leaving him with permanent lifting restrictions, chronic pain, and the inability to work. Dolcin claimed the employer provided inadequate medical care and failed to pay the required maintenance and cure. The defense argued his injury was degenerative and pre-existing. 

$5.4 million verdict – Police officer injured boarding patrol boat

A 45-year-old port-patrol officer suffered a severe neck injury while boarding a patrol boat without a safe platform or gangway. He underwent two spinal fusion surgeries and was left with a permanent gait impairment, forcing him to retire medically. The plaintiff claimed the city failed to provide safe vessel access, while the defense argued he could have boarded safely by other means and disputed the severity of his injuries. 

$4.8 million settlement – Deckhand struck in the head during net deployment

A 33-year-old deckhand suffered neurological and cognitive injuries when struck in the head by a metal float during net deployment. He was working beneath the floats without protective headgear, despite the crew knowing of the risk. The plaintiff alleged negligence and vessel unseaworthiness. His medical costs totaled about $1.4 million, and he was unable to return to work due to lasting impairments. After partial settlements and a bench trial, the case resolved for $4 million in new money plus a structured settlement valued at $818,000, for a total recovery of $4,818,000.

$3.66 million verdict – Deckhand’s leg crushed during tug operation

A tugboat deckhand’s left foot was caught between a dock line and a barge’s deck fitting, causing a severe fracture and degloving injury. He underwent six reconstructive surgeries, resulting in permanent ankle misalignment, chronic pain, and significant scarring. The plaintiff alleged the employer violated safety rules by leaving him alone on the barge and failing to investigate the accident. 

What Is the Average Jones Act Settlement?

Based on Law.com’s VerdictSearch, the average Jones Act settlement is $1,390,948, with awards ranging from $3,000 to $20,300,000.

Settlement amounts can vary widely based on several factors, including:

• Severity and permanence of the injury
• Cost of past and future medical treatment
• Lost wages and reduced future earning capacity
• Evidence of negligence or unseaworthy conditions
• Strength of medical reports and expert testimony
• Extent of pain, suffering, and mental anguish
• Comparative fault assigned to the injured worker
• Whether the case is resolved through a settlement or a trial verdict

What Is the Jones Act?

The Jones Act, formally known as the Merchant Marine Act of 1920, is a federal cabotage law regulating maritime commerce in U.S. waters and between U.S. ports. It requires that goods transported by water between U.S. points be carried on vessels that are U.S.-built, U.S.-owned, and primarily crewed by U.S. citizens or permanent residents. Beyond trade regulations, the Jones Act also provides essential protections for maritime workers, allowing seamen to file lawsuits against their employers for negligence.

How to File a Jones Act Lawsuit

Filing a Jones Act lawsuit allows injured seamen to seek compensation for work-related injuries caused by negligence or an unsafe vessel. The process involves proving your status as a seaman, showing that negligence played a role in your injury, and presenting substantial evidence to support your claim.

Who Is Eligible to File a Jones Act Claim?

Under the Jones Act, a “seaman” is a maritime worker who spends at least 30% of their work time on a vessel in navigation, contributing to its mission or function, including crew members, deckhands, engineers, and others whose work directly supports vessel operations. 

Workers on offshore drilling rigs, fishing boats, cargo ships, or cruise ships may qualify. Shoreside employees generally are not covered by the Jones Act unless their work meets the statutory requirements for seaman status under the Merchant Marine Act.

What Is Negligence?

In the context of the Jones Act, negligence means your employer failed to act with reasonable care, resulting in your injury. This can involve unsafe work orders, poor training, failure to provide proper equipment, understaffing, or ignoring known hazards. 

The standard for proving negligence is lower than in other personal injury cases, and you only need to show that the employer’s actions, or failure to act, played any part, even the smallest, in causing your injury. 

This “featherweight” causation standard makes the Jones Act favorable to seamen. Common examples include slipping hazards, improper maintenance, faulty safety gear, or requiring physically unsafe tasks without adequate help or warning.

How Does the Jones Act Define a Vessel?

A vessel under the Jones Act is any watercraft or structure that is afloat, capable of being used for transportation on navigable waters, and in operation. This includes cargo ships, tugboats, barges, fishing vessels, dredges, certain offshore oil rigs, and specialized workboats. Even floating structures that are not moving at the time of an accident may still qualify if they can navigate under their own power or be towed. Non-vessels, such as fixed offshore platforms, are generally excluded. Whether your workplace qualifies as a vessel is critical to determining if you are covered under the Jones Act.

What Is Vessel Unseaworthiness?

An unseaworthy vessel is one that is not reasonably fit for its intended use, making it unsafe for the crew. Under the Jones Act and general maritime law, unseaworthiness can involve defective equipment, insufficient crew, lack of safety procedures, inadequate training, or hazardous work areas. Even a temporary unsafe condition, such as a slippery deck or broken railing, can render a vessel unseaworthy. Unlike negligence claims, unseaworthiness does not require proving employer fault—only that the unsafe condition existed and caused the injury.

What Are Common Causes of Maritime Work Accidents?

Maritime work accidents can result from:

• Slippery decks or oil spills
• Defective or poorly maintained equipment
• Inadequate crew training
• Falling cargo or unsecured loads
• Heavy lifting without assistance
• Unsafe work orders under time pressure
• Fires or explosions on board
• Collisions or grounding incidents

In many cases, these accidents stem from employer negligence, such as failing to provide proper training, disregarding safety regulations, or not supplying adequate safety gear. Some are tied to vessel unseaworthiness, where the ship, its equipment, or crew is unfit for its intended use.

What if the Injured Seaman Was Partially Responsible for the Accident?

Unlike many other personal injury claims, Jones Act claims do not bar recovery if the injured maritime worker is more than 50% at fault. Even if you were primarily responsible for the incident, you can still receive compensation. 

However, your award will be reduced by your percentage of fault. This comparative negligence standard is more favorable to seamen, ensuring that they can seek compensation even when they share significant responsibility for the accident.

What Damages Can Be Recovered Through a Jones Act Lawsuit?

A Jones Act lawsuit allows workers to recover a wide range of damages aimed at covering both financial losses and the personal impact of an injury.

Present and Future Medical Expenses

Compensation can cover all healthcare expenses related to the injury, from emergency treatment and hospital stays to rehabilitation, medication, and specialized care. If the injury requires ongoing treatment after you reach maximum medical improvement (MMI), those future medical treatment bills can also be included.

Present and Future Pain and Suffering

This category addresses both the immediate physical pain following the incident and any lasting discomfort or limitations it causes. It also includes emotional trauma, mental anguish, and reduced quality of life, ensuring injured seamen are compensated for the full physical and emotional toll of their injuries.

What Is Maintenance and Cure?

Maintenance and cure is a long-standing protection under general maritime law that requires an employer to provide financial support and medical care to an injured seaman until they reach MMI.

Maintenance covers daily living expenses, such as food and housing, while you are unable to work.

Cure pays for reasonable medical treatment, including doctor visits, hospital care, medication, and rehabilitation.

These benefits are owed regardless of fault, meaning you can receive them even if your own actions contributed to the injury. Failure by an employer to provide maintenance and cure can lead to additional legal claims.

Can You Recover Punitive Damages in Jones Act Lawsuits?

There is an ongoing legal debate over whether punitive damages can be awarded for unseaworthiness claims under general maritime law. In Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), the U.S. Supreme Court allowed punitive damages for the wrongful denial of maintenance and cure. 

However, later lower court rulings have questioned whether this extends to unseaworthiness claims. Because interpretations differ between jurisdictions, the availability of punitive damages in a Jones Act lawsuit depends on the facts of the case and the court’s view of maritime law.

What Is the Difference Between a Jones Act Settlement and a Trial Verdict?

A Jones Act settlement is a negotiated agreement between the injured seaman and the employer or its insurance company, allowing the case to be resolved without trial. A trial verdict is decided by a judge or jury after hearing all the evidence. Settlements offer faster resolution, while verdicts may provide higher awards but involve more risk.

How Are Jones Act Settlements Calculated?

Jones Act settlements are calculated by evaluating medical costs, lost income, future earning potential, the extent of the injury, pain and suffering, and the strength of evidence proving employer negligence. Comparative fault is also factored in, potentially reducing the award if the seaman shares responsibility. The more severe and permanent the injury, the higher the potential settlement amount.

Do You Need Evidence to Support a Jones Act Lawsuit?

Yes. To succeed in a Jones Act lawsuit, you must present evidence showing that negligence played a role in your injury, including:

• Witness statements from crew members or others who saw the incident
• Photographs or videos of the unsafe condition or accident scene
• Maintenance and safety logs documenting hazards or violations
• Medical records linking your injuries to the incident
• Expert testimony on vessel safety standards or maritime operations

The Jones Act has a lower burden of proof than many other negligence claims; you only need to show that the employer’s negligence contributed, even slightly, to your injury. Still, strong evidence helps establish credibility, strengthens negotiations, and increases the likelihood of fair compensation.

How Long Do Injured Maritime Workers Have to File a Jones Act Claim?

Under federal law, workers generally have three years from the date of the accident to file a Jones Act claim. Missing this statute of limitations can result in losing the right to recover compensation.

Why You Need a Jones Act Lawyer

Jones Act cases are often complex because they involve both federal law and general maritime law. Proving a Jones Act claim requires showing that you qualify as a seaman, that your employer’s negligence or the vessel’s unseaworthiness contributed to your injury, and that your damages are well-supported with evidence such as medical reports, accident records, and witness statements. 

Employers and their insurance company representatives often try to minimize payouts by disputing fault, the extent of injuries, or the need for future medical treatment. 

An experienced Jones Act attorney understands how to counter these tactics, calculate fair compensation, and present a strong case for lost wages, medical expenses, and pain and suffering. Having legal representation is critical for protecting your rights and improving your chances of a favorable settlement or trial outcome.

How to Strengthen Your Jones Act Lawsuit

Taking the proper steps immediately after a maritime work accident can make a significant difference in the outcome of your Jones Act case.

Report the Accident

Notify your employer as soon as possible and ensure an official accident report is filed. A timely report helps preserve your legal rights under the Jones Act.

Collect Evidence From the Accident Scene

Take photos, gather witness statements, and note any unsafe conditions. Preserving evidence early can be key to proving negligence or vessel unseaworthiness.

Seek Medical Treatment

Get prompt medical care from a qualified provider and follow all treatment recommendations. Early diagnosis and consistent care strengthen your claim for present and future medical bills.

Keep Detailed Records of Medical Costs

Save all receipts, bills, and insurance correspondence. Thorough documentation helps demonstrate the actual cost of your injury and supports Jones Act settlement amounts calculated by your attorney.

Consult a Jones Act Lawyer

An experienced Jones Act attorney can guide you through the legal process, negotiate with the employer’s insurance company, and work to maximize your settlement or verdict.

FAQs

How long do Jones Act cases take to settle?

The timeline varies depending on the complexity of the case, the extent of injuries, and whether the employer’s insurance company is willing to negotiate. Some Jones Act settlements resolve within months, while others take years if they proceed to trial.

What do admiralty law and maritime law mean?

Admiralty law and maritime law are legal frameworks governing activities on navigable waters. They cover shipping, navigation, seamen’s rights, and maritime injuries. The Jones Act is part of this body of law, providing specific protections and compensation rights for injured maritime workers.

Can I choose my own doctor?

In a Jones Act claim, you typically have the right to select your own doctor rather than being limited to one chosen by your employer or its insurance company, ensuring unbiased medical evaluations and treatment recommendations focused on your best interests.

What is maximum medical improvement?

Maximum medical improvement (MMI) is the point at which an injury has healed as much as it is expected to, even if ongoing symptoms remain. MMI often impacts settlement discussions, as future treatment medical expenses can be more accurately estimated after this stage.

Do I have options for compensation if I’m not a seaman under the Jones Act?

Yes. If you do not qualify as a Jones Act seaman, you may still have rights under the Longshore and Harbor Workers’ Compensation Act or general maritime law. Other personal injury claims may also be available depending on your role and where the accident occurred.

How do Jones Act, Longshore, and Workers’ Compensation claims differ?

The Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and standard workers’ compensation laws apply to different types of workers and injuries.

The Jones Act covers seamen injured while working on a vessel in navigation. It allows them to sue their employer for negligence and recover damages for medical treatment costs, lost earnings, and pain and suffering.

The LHWCA applies to longshoremen, harbor workers, and other maritime employees who work near or on navigable waters but are not seamen. It provides benefits similar to workers’ compensation, without requiring proof of employer negligence.

Traditional workers’ compensation laws cover most land-based employees injured on the job, offering medical coverage and wage replacement but typically excluding pain and suffering and limiting recovery to statutory benefits.

Can someone qualify as both a Longshore and Harbor worker and a Jones Act seaman?

Generally, no. These classifications are mutually exclusive under federal law. A worker’s duties and connection to a vessel determine status. However, disputes sometimes arise over classification, and courts may need to decide which law applies based on the facts of the maritime job.

What do I do if I filed under the wrong act?

If you filed under the wrong law, you may still be able to refile or amend your claim, provided the statute of limitations has not expired. A maritime injury attorney can review your work history and duties to ensure the correct law is applied.

Can I be fired for filing a Jones Act claim?

Federal law prohibits employers from retaliating against seamen for asserting their legal rights under the Jones Act. If you are fired, demoted, or harassed for filing a claim, you may have grounds for a separate retaliation lawsuit in addition to your injury case.

How much does a maritime injury lawyer cost?

Most maritime lawyers, including Jones Act lawyers, work on a contingency fee basis, meaning they only get paid if you win your case or obtain a settlement, with fees typically being a percentage of the recovery.

Consult an Experienced Jones Act Lawyer in Chicago, IL!

If you have been injured while working at sea or on navigable waters, IL Work Injury Lawyer is ready to stand up for your rights under the Jones Act. We represent injured seamen, offshore workers, and other maritime workers in pursuing compensation. 

Our experienced work accident lawyers in Chicago have a proven track record in complex personal injury cases and work on a contingency fee basis, so you owe nothing unless we recover compensation for you. Contact us to schedule your free consultation today.