Who is Covered by the Jones Act?
The Jones Act only protects those employees who may be classified as “seamen.” Because the Act does not define this term, courts have applied the definition provided by maritime law, under which a seaman is any person whose labor aboard ship contributes to a vessel’s objectives. Whether someone is a seaman generally requires an examination of the overall circumstances of his or her employment. For these purposes, courts typically focus on the duration of a worker’s connection to a vessel and whether his or her work contributes to its function or the accomplishment of its mission. The Jones Act does not discriminate amongst crewmembers. Every employee, regardless of rank or position, is protected, so long as he or she may be classified as a seaman. Under the Jones Act, the personal representative of a deceased seaman may bring a wrongful death claim against a negligent employer. In these cases, the seaman’s personal representative brings the claim for the benefit of the seaman’s spouse
