"Seaman" Definition & Rights

Seaman Offshore Injury Attorney

According to maritime law — the legal area dealing with ships and the rights of sailors – a seaman who becomes injured or falls ill while in the service to a vessel has the right to receive his unearned wages, living expenses and medical care through the end of his voyage. An additional benefit offers crew members the right to sue their employer for financial compensation when they can prove that negligence caused their injury.

If you have been seriously injured while at sea, seek help from experienced counsel who can help you understand the real costs of your injury and get the settlement you deserve. Consult with an experienced offshore injury attorney at Arnold & Itkin LLP. We represent clients who have been injured in offshore accidents as well as those injured while working on other navigable waters throughout the United States. Through our hard work and dedication to our clients, we have successfully recovered hundreds of millions of dollars in verdicts and settlements. We are looking forward to seeing how we can assist you.

What is a seaman?

When assessing whether a vessel worker qualifies under the definition of "seaman," the court uses a three-part test. The result of the test determines the rights and protection of the worker under maritime law.

• Vessel assignment. A qualifying seaman must be assigned to a vessel that is active on its own or in a fleet; the vessel cannot be permanently moored; and the vessel must be operating on a navigable waterway. The court will determine what qualifies as a navigable waterway by location of the body of water and its connection to other waterways.
• Vessel contribution. The capacity and duties in which the worker performs must contribute to the function of the vessel, the accomplishment of its mission, or operation or welfare of the vessel in terms of maintenance during its movement or anchorage for future trips. Courts examine the injured worker's duties in relation to the vessel's operation. Deckhands and engineers, for example, meet this definition of the seaman status test — as well as housekeeping stewards and cooks. Housekeeping and cooking on a vessel are deemed vital to the daily functioning of the crew and operation of that vessel.
• Vessel connection. A significant amount of the worker's time must be spent aboard a vessel, performing duties that contribute to the vessel, or connected to the vessel. A dockside welder who occasionally goes out to barges to perform welding repairs for other companies might not qualify as a Jones Act seaman because his primary duties take place on land and his presence on the vessel is transient. Seaman status does not require that 100 percent of the worker's time be spent on a vessel, but it must be more than an occasional occurrence and must be considered "continuous attachment" to the vessel or fleet of vessels.

Seaman Maintenance and Cure Rights

If a seaman becomes injured or ill while at sea, he is entitled to living expenses, lost wages and medical care through the "principle of maintenance and cure act." Through this statute an injured seaman has a right to certain benefits until that time that he reaches maximum medical improvement. These benefits are available until the injured seaman is fit to return to work, and regardless of who was at fault for the injury or illness. The term indicates that the ship owner is obligated to "cure" a crew member injured in the service of the ship by providing medical care until the seaman has reached maximum medical improvement. This could include supplying wheelchairs, prosthetics or pain medications if further improvement is not possible.

These maritime rights allow the seaman to choose his own doctor or medical providers and also give the seaman the option to obtain a second opinion beyond the diagnosis or prognosis of the company doctor. Cure benefits include reasonable and necessary medical treatment, durable medical equipment and supplies, and medications related to the treatment of the injury or illness, or any other condition that may develop that is related to the original condition.

Maintenance benefits are historically based on a minimal daily subsistence rate. In recent years, the courts have interpreted the right to receive maintenance benefits and the employer's duty to provide these benefits as a requirement that the employer provide adequate benefits to cover the seaman's basic living expenses. Those expenses may include rent or mortgage payments, utility expenses and food costs.

Proving Negligence in an Offshore Injury Case

The Jones Act and the Death on the High Seas Act allow sailors or their surviving family members to seek compensation due to negligence or unseaworthiness of the vessel. It is the owner's legal responsibility to provide the crew with a seaworthy ship and a properly trained crew. When an injury occurs onboard an unsafe vessel, a claim can be brought against the ship owners, captains or other crew members.
Seaman's rights defined by the Jones Act allow an injured seaman to recover damages for his injury.

Consider these costs that could result from a maritime injury or death of a seaman:

• Hospitalization;
• Rehabilitation;
• Physical therapy;
• Vocational rehabilitation;
• In-home care;
• Lost earnings;
• Limited earning capacity;
• Medication and medical supplies; and
• Counseling.

The maritime attorneys at our firm have helped many seamen and maritime workers with life-changing injuries receive the compensation they deserve to pay for their medical care and living expenses.

Contact a Jones Act Lawyer

Work on the ocean, in vessels, and even on docks is unpredictable and dangerous – maritime jobs are considered among the most dangerous jobs in the world. Understanding your rights can help you prepare for your future. We know the regulations, guidelines and laws that have been put in place to protect your rights as a seaman.

For a free consultation, contact an offshore injury attorney at our firm.