Who Is Covered Under the Jones Act?

At IL Work Injury Lawyer, we help injured maritime workers across Chicago and Illinois understand who is covered under the Jones Act and how to protect their legal rights after a serious on-the-water injury. 

Our Chicago Jones Act attorneys have years of experience representing crew members, deckhands, engineers, and other qualifying seamen, ensuring they receive the full compensation they deserve for medical treatment, lost income, and long-term care. 

Whether your injury occurred on Lake Michigan, the Calumet River, or any other navigable waterway, we have the knowledge and resources to guide you through the claims process from start to finish.

What Is the Jones Act?

The Jones Act, 46 U.S.C. § 30104, is part of the Merchant Marine Act of 1920. This federal law protects qualifying seamen injured in the service of a vessel operating in navigable waters. 

Unlike traditional workers’ compensation programs, which bar lawsuits against an employer, the Jones Act allows eligible workers to bring a negligence lawsuit, pursue a jury trial, and recover damages that include lost wages, medical expenses, future medical care, and pain and suffering.

As part of the broader maritime law, the Jones Act applies across the maritime industry, from cargo transport to offshore workers maintaining oil rigs. Not every vessel qualifies. Vessels must be capable of navigation and used for commerce or transport. Fixed platforms or permanently moored structures generally do not meet the definition. 

Because both the Jones Act and Harbor Workers’ Compensation protect maritime workers in different ways, knowing where you fall is essential to maximizing your recovery.

Jones Act vs. Harbor Workers’ Compensation Act

The Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq., is designed for maritime employees who don’t meet the Jones Act qualifications; for example, longshoremen, shipbuilders, harbor construction crews, and others who work around vessels but not as part of the ship’s crew. 

This law functions like a traditional workers’ compensation, providing workers’ compensation benefits such as payment for medical treatment, rehabilitation, and partial wage replacement. 

Workers’ compensation claims under the Harbor Act are handled administratively through the U.S. Department of Labor and typically involve the employer’s insurance company. However, they do not allow recovery for non-economic damages like pain and suffering, and there is no option for a jury trial.

By contrast, a Jones Act claim gives an injured seaman the ability to seek compensation in court directly from their employer or the vessel owner. This can include maintenance and cure, lost earnings, future care, and damages for emotional harm.

Jones Act Qualifications

To qualify as a seaman under the Jones Act, you generally must:

• Spend at least 30% of your working time on a vessel or fleet of vessels under common ownership.
• Work in navigable waters.
• Perform duties that contribute to the vessel’s mission or function.

Eligible positions range from deckhands to engineers, cooks, and officers. Even certain cruise ship personnel may qualify if the ship operates in covered waters. If you meet these Jones Act qualifications, you are often considered seamen under maritime law and gain protections that go beyond those offered by state-level workers’ compensation.

Independent Contractors

Most contractors do not qualify under the act, but courts will examine the actual nature of your employment. If you spend significant working time working aboard a vessel and meet the other Jones Act qualifications, you may still be protected.

Injury Qualifications

Common seamen’s injuries include broken bones from slips on deck, head trauma from falling equipment, back injuries from heavy lifting, and severe harm from machinery malfunctions. If you developed any of these medical conditions due to being injured on the job and you meet the seaman test, you may qualify for a Jones Act claim.

Jones Act Compensation for Injured Seamen

In many cases, compensation includes the full amount of lost wages you would have earned had you not been injured, reimbursement for all related medical costs, and coverage for any future medical care you are expected to need. The Jones Act also allows recovery for non-economic damages—things like pain and suffering and mental anguish—that recognize the personal toll of a maritime injury. 

In situations where an employer or vessel owner willfully fails to meet their legal obligations, courts may also award punitive damages as both compensation and a deterrent against similar conduct in the future.

Maintenance and Cure

Under maritime law, maintenance and cure benefits are owed to an injured worker regardless of fault. “Maintenance” covers basic living expenses like housing and food, while “cure” pays medical bills and care until you reach maximum medical improvement. 

If the insurance company or employer refuses to pay, you may be entitled to punitive damages. These benefits are separate from the broader damages available in a Jones Act claim.

How to File a Jones Act Claim

Filing a Jones Act claim is different from a standard workers’ compensation case, and knowing the right steps can make a major difference in your recovery. 

The process begins with promptly reporting your injury to your employer while the details are still fresh. Include when and where the incident happened, the type of vessel you were on, and the conditions that contributed to the accident. Failing to give timely notice can weaken your case or even limit your ability to recover.

Next, seek immediate medical attention, even if your injuries seem minor. Maritime injuries often worsen over time, and having early, documented care in your medical records strengthens your claim. Make sure to tell your doctor the injury happened while working aboard a vessel in navigable waters, as this helps establish your status under the Jones Act.

Once your condition is stable, consult an experienced Jones Act lawyer who understands maritime law and can verify that you meet the required Jones Act qualifications. 

Maritime injury attorneys will gather evidence—such as witness statements, logbooks, and photographs of unsafe conditions—and file the claim in the appropriate court. Because the Jones Act requires proof of employer negligence, even a small safety lapse could be enough to succeed.

Finally, be mindful of the Jones Act statute of limitations. Under 46 U.S.C. § 30106, you typically have three years from the date of injury to file. Acting quickly preserves crucial evidence and gives your legal team time to prepare a strong case for the compensation you deserve.

Recover Compensation as a Jones Act Seaman

If you or a loved one was injured while working aboard a vessel in Illinois or on the Great Lakes, the Jones Act may give you the right to significant compensation beyond standard workers’ compensation benefits. 

At IL Work Injury Lawyer, we handle these cases on a contingency fee basis, meaning you pay nothing unless we win for you. Contact a Chicago work accident lawyer today for a free consultation and let our team fight for the justice and recovery you deserve.