Am I a Jones Act
Seaman?
Not every maritime worker qualifies for Jones Act protection. The Supreme Court established a two-part test in Chandris, Inc. v. Latsis (1995) that determines seaman status. Take our quiz or read the requirements below.
The Two-Part Chandris Test
Part 1: Connection to a Vessel
Your duties must contribute to the function of a vessel or the accomplishment of its mission. This includes:
- Navigation and seamanship
- Engine room operations
- Cargo handling and loading
- Drilling operations (floating rigs)
- Fishing operations
- Passenger or crew services
- Vessel maintenance and repair
Part 2: The 30% Rule
You must have a substantial connection to the vessel in terms of both duration and nature. Courts typically require:
- At least 30% of work time on a vessel
- Vessel must be "in navigation" (afloat, capable of moving)
- Assignment to vessel(s) must be regular, not temporary
- Connection must be substantial in nature, not just time
Frequently Asked Questions
What is a "vessel in navigation" under the Jones Act?
A vessel is "in navigation" when it is afloat, capable of moving, and on navigable waters. This includes ships at dock (if operational), floating drilling rigs, and boats temporarily moored. Fixed platforms attached to the ocean floor are NOT vessels.
Do oil rig workers qualify as Jones Act seamen?
It depends on the rig type. Workers on floating rigs (drillships, semi-submersibles, jack-up rigs when floating) may qualify. Workers on fixed platforms typically do not qualify for the Jones Act but may be covered under the LHWCA.
What if I split time between vessels and shore?
You can still qualify if at least 30% of your total work time is spent aboard vessels in navigation. Time spent on shore duty (office work, vacation, training) is counted in the denominator but doesn't disqualify you.
What jobs typically qualify as Jones Act seamen?
Common qualifying positions include: deckhands, captains, engineers, oilers, cooks, fishermen, tugboat crews, barge workers, offshore supply vessel (OSV) crews, and cruise ship employees. The key is regular vessel assignment and duties contributing to the vessel's mission.
What is the statute of limitations for a Jones Act claim?
You have 3 years from the date of injury to file a Jones Act lawsuit. However, maintenance and cure benefits must begin immediately after injury — do not wait to assert these rights.
Who Qualifies? Who Doesn't?
Typically Qualify
- Tugboat DeckhandsFull-time vessel crew
- Offshore Supply Vessel (OSV) CrewsRegular Gulf of Mexico runs
- Commercial FishermenShrimp boats, trawlers, longliners
- Barge WorkersTank barges, deck barges in navigation
- Cruise Ship EmployeesCrew members, not passengers
- Drillship WorkersFloating drilling vessels
Typically Do NOT Qualify
- Fixed Platform WorkersPlatforms attached to seabed
- LongshoremenDock workers (covered by LHWCA)
- Shipyard WorkersShip repair on land (LHWCA)
- Harbor Pilots (often)Brief vessel time, varies by circuit
- Temporary Vessel WorkersOne-time or short-term assignments
- Land-Based Support StaffOffice workers, dispatchers
Still Unsure About Your Status?
Seaman status is often disputed by employers trying to avoid Jones Act liability. Get a confidential review of your work history and job duties.
Compare Jones Act vs. LHWCA coverage to understand which law applies to your situation and the difference in damages available.
If you qualify, see average settlement amounts by injury type and learn about your maintenance and cure daily rate rights.