What is a vessel, and how is a vessel defined for Jones Act laws?

The Jones Act is a federal act that protects workers injured while at sea; however, determining Jones Act status may be confusing.

In order for a maritime worker to be considered a seaman under the Jones Act, he must be injured while working on a Jones Act vessel. But, the term “vessel” encompasses a variety of sea-going watercraft that are used to transport good or passengers over navigable waters. Traditionally, the features that may defined vessels included navigational aids, lifeboats or life saving equipment, a raked bow, bilge pumps, crew quarters or Coast Guard registration. It is easy to recognize cargo ships, barges, tugboats, fishing boats, and cruise ships as vessels that fit this description. The Louisiana oil industry in particular has a wide variety of structures that qualify as vessels.

In 2005, the Supreme Court decided that in the case of Stewart vs. Dutra Construction, for Jones Act purposes, a vessel includes “every description of Watercraft or other artificial contrivance used or capable of being used, as a means of transportation on water.”

The current definition of vessel may also include special purpose vessels as floating dormitories, jack-up and semi-submersible rigs, mobile offshore drilling units, dredges, pontoon rafts. A vessel is not required to be self-propelled; docks, tension leg platforms and floating work platforms, and even floating casinos may qualify in many cases. This can be confusing if you are trying to figure out your legal rights.

Jones Act vessels must be owned by an American individual or an American company. To be considered a Jones Act seaman, a worker must be the master, or member of a Jones Act vessel’s crew.

Jones Act seamen are eligible for protection under Jones Act law. The Jones Act allows injured maritime workers to directly sue their employer and to collect damages for injuries caused by the employer’s negligence.

The definition of a Jones Act vessel can be of utmost importance in determining the outcome of a Jones Act damages case. In some cases determining if If you have been injured on the sea, but are not sure if you work on a Jones Act vessel, a maritime lawyer can help determine which laws apply to your case.

If you have questions, an experienced Jones Act Lawyer can best help to determine your rights to compensation. Contact a Louisiana maritime injury attorney at The Young Firm at 1-866-938-6113 to schedule a free case consultation.

To get a head start on your case, click to order our free book, 6 Secrets Your Company May Not Tell You When You are Injured Offshore.