Jones Act Law

Published on: May 27, 2025

Jones Act Claims: What Your Employer Can and Cannot Do

The Jones Act, or the Merchant Marine Act of 1920, grants maritime workers the right to pursue a claim against their employer for negligence if an injury occurs during their employment. Unlike traditional workers’ compensation, the Jones Act is a fault-based statute. This means that to succeed in a claim, the injured worker must show that their employer’s negligence or the negligence of a fellow crewmember directly contributed to the injury.

What an Employer Can Do in a Jones Act Claim

Upon notification of a maritime injury, an employer is entitled to undertake several actions as part of their investigation and defense:

Published on: May 20, 2025

Battling the Bering Sea: The High Stakes of Safety for Commercial Fishermen

by Nigel Stacey

Alaska’s commercial fishing industry, a significant part of the state’s economy, involves working in challenging marine environments. The pursuit of seafood means confronting hazardous conditions, which leads to injuries and fatalities each year. But it doesn’t have to be this way. Understanding the safety measures in place and the legal avenues available, such as the Jones Act, is important for those working at sea.

Working as a commercial fisherman in Alaska carries a greater risk of injury and death than many other jobs. Several factors contribute to these risks:

Challenging Weather and Icing: Alaska’s marine weather can change quickly. Sudden storms, strong winds, and large waves can make fishing difficult. Ice accumulating on vessels, particularly during colder seasons, can affect a boat’s stability.

Published on: February 11, 2025

Remains of 10 Victims Recovered from Alaska Plane Crash Wreckage

by Nigel Stacey

A single-engine turboprop Cessna Caravan, operated by Bering Air, was en route from Unalakleet to Nome on Thursday February 6th, 2025, when it vanished from radar. It was a regularly scheduled commuter flight. The aircraft went missing about 30 miles southeast of Nome, with contact lost less than an hour after departure.

The aircraft “experienced some kind of event which caused them to experience a rapid loss in elevation and a rapid loss in speed” said U.S. Coast Guard Lt. Commander Benjamin McIntyre-Coble in a statement.

Search efforts intensified on Friday, with rescuers locating the wreckage after an extensive operation involving local, state, and federal agencies. The plane was found by helicopter, and crews began racing to recover the wreckage and the remains of the victims on Saturday, braving anticipated snow and high winds.

Published on: October 29, 2024

Coast Guard Medevacs ill Crewmember from F/V Pacific Dragon II

by Nigel Stacey

The U.S. Coast Guard’s Sector Honolulu command center received a medevac request at 4:57 p.m. on Monday, October 21, 2024, after notification that a 35-year-old crew member was experiencing severe abdominal pain. The F/V PACIFIC DRAGON II, was located approximately 78 miles northeast of Kahului, Maui at the time of the call.

An MH-65 Dolphin helicopter crew from U.S. Coast Guard Air Station Barbers Point was dispatched to locate the vessel and evacuate the distressed fisherman. The helicopter reached the scene at approximately 4:00 a.m. on Tuesday, October 22^nd, 2024, and transported the crewmember to Maui Memorial Medical Center in Wailuku.

“Watchstanders consulted with the duty flight surgeon, who recommended a medevac,” said a released statement, underscoring the urgency of the medical situation.

Published on: August 8, 2023

What is Maintenance and Cure?

by Nigel Stacey

If you have suffered severe injuries or fallen ill during your employment as a deckhand, fisherman, seaman, or fish processor, you may be asking, “Who is responsible for covering my medical expenses, and what compensation am I entitled to during my recovery period?” Every worker serving on a vessel, if injured or falling ill during their service, is entitled to “maintenance and cure” under Federal Maritime Law. The Supreme Court of the United States has upheld that punitive damages may be granted against an employer who deliberately withholds maintenance and cure benefits. These benefits are provided on a no-fault basis, requiring that the worker only demonstrate that the injury or illness occurred while working. Unlike other claims, negligence does not need to be proven to receive maintenance and cure benefits. There are limited defenses against a worker’s claim for maintenance and cure, and unless there is willful misbehavior or intentional misconduct, the employer must provide the necessary maintenance and cure benefits.

What is Maintenance?

“Maintenance” refers to a daily living allowance provided to a worker during their recovery from injury or illness. These payments continue until a worker achieves maximum medical improvement or is fit to resume their previous duties. The specific daily rate for maintenance is not fixed and may differ from one case or region to another. In the employment contract, the maintenance rate is generally not binding, except in certain cases where collective bargaining or union agreements apply.

Published on: August 2, 2022

Washington Ferry Cathlamet Crashes into Pilings

by Joseph Stacey

The U.S. Coast Guard from the Puget Sound sector was deployed on Thursday morning, July 28^th at about 8:20 a.m. after the Washington State Ferry CATHLAMET crashed into the pilings near the West Seattle Fauntleroy dock. It is reported that the vessel had veered off course and was coming in too fast at the time of the crash. One car was reported to be pinned inside the ferry after the top side section of the ferry crumpled from the impact.

The U.S. Coast Guard is leading the investigation along with the National Transportation Safety Board to find the cause of the crash. As is standard procedure in cases like this, all crew members were tested for drugs and alcohol. It is reported that those tests came back negative.

A narrow steel deck on the vessel called a “pickle fork” was destroyed during the crash. This is the part of the vessel that extends over the car deck, the place where many walk-on passengers stand for a great view, or to exit the vessel via an elevated walkway.

Published on: January 25, 2022

What is a Maritime Lawyer?

by Nigel Stacey

People often believe that all attorneys know all the laws of the land. Just as you would go to a trained cardiologist for heart issues or a radiologist to diagnose a broken bone, there are many types of lawyers who are versed in many types of law. It is always best to engage with a specialist.

Why Should You Work with a Maritime Lawyer?

Maritime Law is a very specific set of rules and laws that deal with injuries and accidents that occur on or near a body of water, a lake, ocean, or sea. While these laws were originally created to address national and international commerce, they have since expanded to include fishing vessels, recreational and passenger boats, oil rigs, and more. Virtually anyone injured on or near a body of water should consult with an attorney who specializes in Maritime Law.

Published on: April 13, 2021

Maritime Slip and Fall Accidents

by Nigel Stacey

Each year fishermen, crewmembers, and deckhands are injured aboard fishing vessels due to slip and fall accidents. Many of these accidents occur on decks, ladders, and stairs, and most happen due to:

poorly maintained equipment
equipment that is out of compliance

Published on: March 12, 2019

$3.3 Million Awarded to Injured Maritime Worker

by Joseph Stacey

A maritime construction worker has been awarded $3.3 million after a Louisiana federal court judge ruled that the worker’s head and spinal injuries were due to a captain’s negligence. The case was covered by the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Devin Barrios, a maritime construction worker, was transferring a portable generator from a boat to a barge when the accident occurred. Rather than secure the two vessels properly with mooring lines, the captain used engine power alone to hold the two vessels together during the transfer. The 22-year old was straddling the two vessels when they unexpectedly shifted. Barrios fell in the water, and the 150-pound generator tumbled down on top of him. He suffered a head injury with mild brain trauma that required 28 staples, and his spinal injuries required surgery. There is still the possibility of future surgery.

Jones Act and LHWCA grant unique and special rights to maritime workers. The LHWCA provides rights for land-based workers who perform work on, for, and around vessels. Employers are required to provide compensation irrespective of fault for the accidental injury or death arising out of a covered worker’s employment. Under the Jones Act, an employer is required to provide crewmembers with a reasonably safe place to work and reasonable care to prevent injuries. Negligence is the failure to do something that a reasonably prudent person would do, or not do, under similar circumstances. In this case, the reasonable and prudent option would have been to use mooring lines during the transfer of equipment. In the event of an injury, the employer is obligated to provide maintenance and cure, regardless of fault or negligence.

Published on: November 27, 2018

Happy 100th Birthday to IBU

by Joseph Stacey

The Inlandboatmen’s Union of the Pacific turned 100 years old last week and members celebrated the centenarian organization at the Museum of Flight in Seattle. The organization, founded on November 20, 1918 in San Francisco, California, has quite a different look today, but the underlying directives set forth then are still with us today; to give workers a strong voice in numbers which in turn creates better working conditions.

When a meeting between deckhands and local fireman was called by Clyde W. Deal (1888-1978), deck workers and engine room workers were brought together under the same union umbrella for the first time in U.S. maritime labor history. Founded in 1918 in San Francisco, they were known simply as the Ferryboatmen’s Union of California. At the time, ferries in San Francisco Bay were owned by thriving railroad companies. Among those who organized were deckhands, watchmen, bargemen, oilers, cooks, waitresses, and firemen.

Prior to 1930, it was not uncommon for deckhands to be forced to work 12 to 18 hours per day. This was not only inhumane but created a dangerous work environment for everyone. Early bargaining successes included an 8-hour work day and a guarantee of a “dismissal wage,” or severance package for ferry workers who were displaced after the building of the San Francisco Bridge.