Jones Act Statute of Limitations

A seaman’s injury while working aboard a vessel may be eligible for a Jones Act claim. However, to file one successfully, it’s critical to understand how the Jones Act statute of limitations applies—and what legal steps to take within the limited time period allowed.

If you’re an injured seaman, missing the filing deadline can result in your case being time-barred, meaning you’ll no longer be able to seek compensation for your injury, even if your employer was negligent. The experienced Jones Act attorneys at IL Work Injury Lawyer can help you protect your rights. Contact us to start the legal process today!

What Is the Jones Act?

The Jones Act, formally known as the Merchant Marine Act of 1920, is a federal law that gives maritime workers the right to sue their employer for personal injury if negligence played a role in the accident. The act applies specifically to individuals who qualify as “seamen,” meaning those who spend a significant portion of their time working aboard a vessel in navigable waters.

Under the Jones Act, an injured worker may seek compensation for medical expenses, lost wages, pain and suffering, mental anguish, and reduced earning capacity.

What Is the Jones Act Statute of Limitations?

The Jones Act statute of limitations sets a strict deadline for filing a claim. In most cases, you have three years from the date the injury occurred to file a Jones Act claim. This three-year statute is established under 46 U.S. Code § 30106 and applies uniformly across the United States, including Illinois.

Failing to act within this time limit typically means the case is time-barred, even if the employer was clearly held liable for unsafe conditions or negligence.

Does the Statute Apply to All Maritime Workers?

No. Not all maritime workers are covered by the Jones Act. Only those who qualify as “seamen” under the act may pursue a Jones Act case. Other employees are covered by other types of maritime injury claims.

If you’re unsure whether your role qualifies under the Jones Act, you should consult our attorneys as soon as possible to determine the correct classification.

The Harbor Workers’ Compensation Act

The Harbor Workers’ Compensation Act (LHWCA) provides benefits to maritime employees not classified as “seamen.” These workers include those involved in shipbuilding, cargo handling, and marine terminal operations.

Unlike the Jones Act, the LHWCA operates more like state statutes for workers’ compensation, offering set benefits for medical expenses, lost wages, and injury. It doesn’t require proving negligence, but it also doesn’t allow for non-economic damages.

Death on the High Seas Act

The Death on the High Seas Act (DOHSA) applies when a death occurs more than three nautical miles from U.S. shores. This statute allows surviving family members to bring a claim against a vessel owner, operator, or employer when the death was caused by wrongful acts, neglect, or default occurring during maritime activity.

Unlike the Jones Act, which provides remedies for injured workers, DOHSA is strictly limited to fatal occupational injuries. It does not allow recovery for non-economic damages such as loss of companionship, only pecuniary losses like lost income, funeral costs, and loss of financial support.

Outer Continental Shelf Lands Act

The Outer Continental Shelf Lands Act (OCSLA) extends federal protections to workers injured while engaged in resource exploration or extraction on the U.S. outer continental shelf, typically in offshore oil and gas operations. While these workers are not classified as seamen under the Jones Act, they are still covered under federal law.

Under OCSLA, injured workers are generally entitled to receive benefits through the LHWCA, including medical care and wage replacement. If the injury occurred due to third-party negligence—such as faulty equipment or unsafe procedures—they may also have the right to file a personal injury lawsuit under maritime law or state law, depending on the circumstances and proximity to the adjacent state.

General Maritime Law and Employer Negligence

Rooted in centuries-old maritime tradition, the general maritime law allows maritime workers to pursue claims such as unseaworthiness, where a vessel’s condition or equipment creates an unsafe working environment.

An injured seaman may be entitled to maintenance and cure—covering daily living expenses and medical treatment until maximum recovery is reached. These rights exist independently of whether negligence is proven and are available even if the injury occurred due to no fault of the employer or crew.

What Happens If the Injury Is Discovered Later?

In some situations, the full extent of the injury may not be known until weeks or months after the accident occurred. Fortunately, courts have held that the statute of limitations begins to run when the injured maritime worker knew or reasonably should have known about the injury and its connection to their employer or work duties.

This means that in certain cases—like those involving repetitive strain injuries or exposure to hazardous conditions—the time period may begin at the time of diagnosis, not the initial accident. Still, these cases can be complex and often require a detailed analysis to ensure they are not dismissed as untimely.

What Are Common Jones Act Claims?

Under the Jones Act, an injured seaman can file a lawsuit based on:

• Employer negligence (e.g., unsafe work practices, lack of safety training, poor maintenance)
• Unseaworthiness claims (when the vessel owned by the employer is unsafe)
• Failure to provide adequate medical treatment or medical facilities
• Accidents due to hazardous materials or poor visibility
• Injuries sustained in extreme temperatures or other harsh environments

Legal Help for Injured Seamen

At IL Work Injury Lawyer, we help injured workers navigate the complexities of Jones Act claims and other maritime injury cases. We understand the unique challenges of pursuing legal action in the maritime industry and are here to make sure you don’t miss critical deadlines like the Jones Act statute of limitations.

If you or a loved one has been hurt while working at sea or on inland waters, contact a Chicago work accident lawyer today for a free consultation. The sooner you get help, the better your chances of securing the compensation you deserve.