“Seafarer Status” Essential for Jones Act

Originally published by Miriah Soliz.

Morrow & Sheppard LLP
“Seafarer Status” Essential for Jones Act

Traveling abroad via a sea vessel is common whether one does so as a passenger on a Disney or Single’s cruise, or if one does so as a seafarer (commonly known as seaman or member of the captain’s crew).  Although both passengers and seafarers enjoy the protection of federal and general maritime laws for personal injuries that occur on these vessels, the latter group enjoys broader protection.  Determining one’s status (as passenger or seafarer) is key to distinguishing between the types of causes of actions and remedies available.  This is because seafarers are treated as a special class in maritime law or “wards of admiralty” due to them being susceptible to “sickness from change in climate, exposure of perils, and exhausting labor…[created to offset] the special hazards and disadvantages to which they are subjected.” Chandris, Inc. v. Latsis, 515 U.S. 347 (1995).  Ultimately, this is the precursor for determining whether one can recover under The Jones Act which provides a cause of action in negligence for “any seaman” injured in the course of their employment. 46 U.S.C.S. App. § 688(a). So how do we determine if one is a seafarer that can recover under federal or general maritime law? Under maritime law, an individual can recover as a seafarer if “he or she has an employment-related connection to a vessel in navigation that is substantial both in terms of duration in terms of duration and nature, regardless where the injury occurs.” Chandris, 515 U.S. 347 (1995).  This is different from […]

“Seafarer Status” Essential for Jones Act
Miriah Soliz

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