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Will my family be entitled to death benefits under the Jones Act if I am injured or killed offshore working at sea?

Last Updated on May 1, 2025 by The Young Firm

It’s well known that the maritime industry presents especially dangerous working conditions for offshore workers. If your loved one was hurt or fatally injured at sea, you don’t have to deal with the next steps alone.

Will Your Family Be Entitled to Death Benefits?mother holding child in a sunlit field.

Yes, your family may be entitled to death benefits under the Jones Act if you are injured offshore or killed while working at sea. Although seamen can receive maintenance and cure benefits if injured, there are many other damages that they or their families can claim if they sustain injury or are killed because of employer negligence. Proving negligence is crucial for a successful claim under the Jones Act.

Working on a contingency fee basis can alleviate financial stress for clients, allowing them to focus on recovery while their attorneys handle the legal complexities. In fact, many large awards have been paid for injuries or deaths at sea.

Maritime Law and Wrongful Death Claims

Maritime law, also known as admiralty law, is a complex and specialized area of law that governs maritime activities, including shipping, navigation, and employment on vessels. The Jones Act, a federal law passed in 1920, is a crucial component of maritime law, providing protection and compensation to injured maritime workers.

If a maritime worker is killed on the job, their family may be eligible to file a wrongful death claim under the Jones Act. This type of claim allows the family to pursue compensation for their loss, including funeral expenses, lost wages, and pain and suffering. Wrongful death claims can be particularly challenging, but an experienced legal team can provide the guidance and support needed to succeed.

How the Jones Act Helps Maritime Workers and Grieving Families

If you are a maritime worker, it is essential to understand your rights and options under the Jones Act. A Jones Act claim can help you receive fair compensation for injuries you’ve sustained at sea, as well as helping your loved ones pursue compensation if anything happens to you while you’re working.

If you’re the loved one of a maritime worker who has been injured or killed at sea, a Jones Act lawyer can help you navigate the legal process of receiving your rightful compensation. This includes medical bills, pain and suffering, and loss of present and future wages.

Eligibility for Benefits Under the Jones Act

To be eligible for benefits under the Jones Act, a maritime worker must be considered a “seaman.” and employer negligence must have played a role in the injury.

The term “seaman” refers to crew members, officers, and other employees who work on vessels, as well as offshore workers who are employed on oil rigs, platforms, or other maritime structures. To qualify as a seaman, the maritime worker must spend at least 30% of their worktime on a vessel or fleet of vessels.

For those who qualify as “seamen,” the next question is whether employer negligence was a factor in the accident. This could account for a number of things such as improper training, an insufficient number of crew members, and dangerous ship or equipment conditions.

An experienced Jones Act attorney can help you look into different forms of negligence, and help you determine your benefit eligibility.

What’s Covered Under the Jones Act

Injury benefits may include:

  • past and future lost wages;

  • medical and physical therapy expenses;

  • nursing services; and

  • costs for re-training.

Death benefits may include:

  • funeral expenses;

  • loss of companionship; and

  • loss of future wages.

It is up to the judge to determine how much compensation you or your family may receive. There is no limit to the amount of compensation, and punitive damages may also be available if willful gross negligence is found to be the cause of an injury or death.

Why a Jones Act Lawyer is Crucial

The Jones Act allows injured maritime workers to pursue compensation for their injuries by filing a claim against their employer. To succeed in a Jones Act claim, you must prove that your employer’s negligence or the negligence of a fellow crew member caused your injury. This may involve speaking to witnesses, providing expert testimonials, recovering footage, or coordinating with manufacturers.

Gathering evidence and building a strong case to prove negligence is your best bet for fair compensation. An experienced Jones Act lawyer can help you with that.

Legal Guidance When Pursuing a Jones Act ClaimPicture of maritime injury toolkit

Contact a maritime personal injury attorney from The Young Firm and be sure to check out our free publicationsEmployee’s Guide to Maritime Injury Law and 6 Secrets Your Company May Not Tell You When You Get Injured Offshore.

If you’ve lost a loved one as a result of employer negligence, you are entitled to compensation under the Jones Act. Our Louisiana Jones Act lawyers will help you navigate the legal process so that you receive the compensation you deserve.

Contact us at 504-680-4100 for a free consultation.