Injuries on vessels come with unique challenges, particularly for those working in maritime environments. If you’ve suffered an injury on a moored vessel, you may wonder if the Jones Act covers your injury and if a maritime accident injury lawyer can seek the compensation you deserve.
While many workers assume they’re only covered when offshore, the Jones Act extends further than most might expect. In this article, we’ll look at the reach of the Jones Act, what “moored” really means, and how an injury on a stationary vessel still entitles you to legal protection.
The Jones Act, part of the Merchant Marine Act of 1920, primarily aims to protect maritime workers and seamen injured on the job due to employer negligence or unsafe conditions. The Act provides a path for maritime workers to seek compensation for injuries beyond workers’ compensation, especially as injuries sustained in maritime work can be severe.
Unlike workers in traditional onshore roles, maritime workers face the constant threat of unpredictable conditions at sea, risky equipment, and challenging work environments. While many assume the act only covers incidents occurring on moving vessels, its reach includes moored vessels under specific conditions.
The Jones Act provides essential protections for anyone considered a “seaman.” In legal terms, a seaman refers to anyone who spends a significant amount of time working on a vessel that contributes to the vessel’s purpose or function. The vessel can include boats, ships, and other types of watercraft, whether floating offshore or moored at a dock.
A moored vessel is secured to a dock or anchored in place, typically for loading, unloading, repairs, or maintenance. While stationary, these vessels can become high-risk zones for injuries. Workers may still be expected to perform tasks requiring heavy lifting, machinery operation, and exposure to the unpredictable motion caused by the waves, even while the vessel remains docked. Slippery decks, exposure to harsh weather, equipment malfunction, and other hazards remain prominent factors in injuries, even on moored vessels.
As long as you’re classified as a seaman working on a temporarily moored vessel, the Jones Act generally covers you. You don’t lose your status as a seaman just because the vessel isn’t moving. If your duties require you to work on a moored vessel and you’re injured due to your employer’s negligence or unsafe conditions, the Jones Act may entitle you to compensation.
Working on a moored vessel can expose you to unique risks distinct from those encountered on land. Although the vessel may be stationary, the environment is far from hazard-free. The natural motion of the water can create instability, and tasks like loading cargo or handling heavy equipment come with significant dangers. Here are some of the most common types of injuries experienced by seamen on moored vessels and the conditions that contribute to them.
The decks and gangways of moored vessels are often wet, oily, or obstructed, making slip-and-fall incidents a frequent concern. Slick surfaces present a constant risk, whether from sea spray, rain, or oil leaks. A slip on a vessel’s deck can lead to serious injuries, including fractures, sprains, and head injuries. These risks are further heightened by the vessel’s natural sway, making keeping balance challenging even while docked.
Loading and unloading cargo involves heavy lifting, regardless of whether the vessel is moving. You may need to handle large or awkwardly shaped items, creating the risk of strains, sprains, and back injuries. Poorly secured cargo or incorrect lifting techniques can exacerbate these risks. Even a minor back strain from heavy lifting can impact your ability to perform daily tasks on and off the job.
Maintenance work or operation of heavy equipment on a moored vessel can still expose you to machinery-related accidents. Equipment may be idling or partially operational, creating the risk of entanglement, crush injuries, or other severe harm if equipment malfunctions. Machinery hazards remain risky in docked conditions, particularly if there is improper equipment maintenance or inadequate safety protocols.
Moored vessels often undergo maintenance or refueling, increasing the likelihood of exposure to hazardous chemicals and fire hazards. You may encounter harmful substances, such as fuel or cleaning agents, which can lead to respiratory issues, chemical burns, or fire-related injuries. Inadequate ventilation or improper handling of these substances raises the risks, and exposure can have immediate and long-term health impacts.
Tasks on a moored vessel sometimes require working on elevated platforms or gangways. Even at the dock, falls from these heights are common and can lead to life-altering injuries. A fall from height can result in traumatic brain injuries or worse, making safety equipment and protocols critical when working at elevations.
If your injury occurred while performing duties that contribute to the vessel’s mission or function, even on a moored vessel, you have the right to seek compensation. The Jones Act permits you to file a claim against your employer if negligence or unsafe conditions contributed to your injury. A maritime accident injury lawyer can determine how to best approach your claim and whether negligence played a role.
Negligence under the Jones Act can take many forms on a moored vessel. Examples include:
Injuries on a moored vessel can be difficult to document due to the complex nature of maritime work, especially if your employer disputes the circumstances of your injury. An attorney can assist with gathering evidence to support your claim, such as:
If your injury on a moored vessel was the result of employer negligence, the Jones Act may entitle you to compensation that includes:
A skilled attorney can assist in calculating the compensation you should receive, factoring in not just your immediate losses but the long-term impact on your health and career.
Many maritime workers have misconceptions about Jones Act coverage, especially when injuries happen on a moored vessel. Here are some common myths that may prevent you from seeking the compensation you deserve.
It’s a common belief that the Jones Act only applies when you’re injured while the vessel is at sea. However, this is not true. Even if a vessel is docked or moored, the Jones Act still applies as long as you are a seaman and spend a substantial amount of time working aboard the vessel.
As long as your duties contribute to the vessel’s purpose, you’re covered, whether the vessel is at sea or securely moored. Injuries on stationary vessels still fall under the Jones Act’s protection, so don’t hesitate to explore your options with a maritime accident injury lawyer if you’re injured while the vessel isn’t moving.
Another misconception is that you can only file a Jones Act claim if the vessel was in motion when your injury occurred. This belief can deter maritime workers from filing a claim after an injury on a stationary vessel, but again, movement isn’t a requirement for Jones Act coverage.
The Jones Act may apply if your work supports the vessel’s overall mission, whether the vessel is docked, anchored, or in transit. Even if you’re injured during certain off-site tasks, you may qualify for Jones Act protections as long as your role directly contributes to the vessel’s function or purpose.
Some workers assume they’re only covered if their injury is due to equipment in active use. However, injuries from idle equipment, faulty machinery, or neglected maintenance can still be grounds for a Jones Act claim. Your employer must keep the vessel safe, whether the equipment is actively running or stored for future use.
If you’re injured because of unsafe storage, poor maintenance, or equipment malfunction, the Jones Act may entitle you to compensation, even if the equipment wasn’t in operation then.
If you’re considering filing a Jones Act claim, a maritime accident injury lawyer can help establish a strong case by focusing on specific elements:
Pursuing a Jones Act claim can be a significant decision, especially if you’re recovering from a serious injury and facing an uncertain future. Working with a maritime accident injury lawyer simplifies the process and ensures that you have someone in your corner fighting for your rights. You don’t have to navigate the system alone, nor should you feel pressured to accept less than you deserve.
The Jones Act’s purpose is to protect injured seamen, whether on moored vessels or in the open sea. With the right legal support, you can hold your employer accountable and secure the compensation needed for your recovery.
Working with a maritime accident injury lawyer enables you to confidently pursue the claim process, knowing you have an advocate on your side. By asserting your rights, you’re taking a step toward securing your future and holding your employer accountable.
Whether you’re injured on a moving or moored vessel, you deserve full compensation for the challenges you face on the road to recovery. Please contact a maritime accident injury lawyer immediately to take a critical step in obtaining the money you have coming.
