Three sources of recovery
- Maintenance and cure. Daily living expenses plus medical care, owed regardless of fault until maximum medical improvement. Demand it immediately.
- Jones Act negligence (46 U.S.C. § 30104). Your employer is liable for injuries caused by even slight negligence: unsafe conditions, inadequate crew, bad orders.
- Unseaworthiness. The vessel owner is strictly liable if the vessel, its gear, or its crew was not reasonably fit.
Are you a Jones Act seaman?
Generally yes if you contribute to the function of a vessel in navigation and your connection to that vessel or fleet is substantial in duration and nature. Roughly 30 percent of work time aboard is the usual benchmark. Fixed platforms and some jack-up rigs are treated differently.
First 30 days
- Report the injury in writing to your supervisor and keep a copy.
- See your own doctor, not only the company doctor.
- Do not sign a release or accept a lump sum for maintenance and cure.
- Photograph the scene and equipment before it is repaired or moved.
- Write down witness names including crew who have since left.
Deadlines
- Jones Act and general maritime: three years (46 U.S.C. § 30106).
- Longshore (LHWCA): written notice within 30 days, claim within one year.
Why this is different from workers' comp
Workers' compensation is the exclusive remedy on land. Seamen are not covered by it. That means you can recover full damages, including pain and suffering, under the Jones Act.
General information, not legal advice. Talk to an attorney about your situation.