September 13, 2025
Categories: Negligence
A serious injury offshore can stop your maritime career in its tracks. Whether you’re employed on a ship, barge, dredge, or an offshore rigs, you face dangers every day. When an accident happens because an employer cut corners on safety, federal law gives seamen like you a way to recover compensation. The Jones Act lets injured workers bring a negligence claim directly against their employer.
To win a Jones Act settlement, you must prove that negligence played a role in the accident, even a small one. A personal injury attorney in Tampa can help you pursue a Jones Act claim. Call (813) 225-4000 to schedule your consultation with Wagner, McLaughlin & Whittemore.
The Jones Act is part of the Merchant Marine Act of 1920, a federal law designed to protect maritime workers and strengthen the U.S. shipping industry. For injured seamen, its most important feature is the right to sue an employer when the employer’s carelessness causes an injury.
To qualify as a seaman under the Jones Act, you generally must:
This definition covers a wide range of maritime jobs, like deckhands, mates, engineers, drillers, cooks, galley staff, and more. Passengers and most land-based workers are not covered under the Jones Act.
The Jones Act differs from ordinary workers’ compensation in Florida. State compensation benefits are largely no-fault but limited. The Jones Act requires proof of fault, but the standard is very favorable to workers. If an employer’s negligence played any part, however slight, in causing an injury, liability can be established.
In simple terms, negligence is the failure to exercise reasonable care under the circumstances. A shipowner or employer must provide:
Failing in any of these duties can be negligence. Unlike many other personal-injury cases, a Jones Act claim does not require proof of gross or reckless conduct. Even small acts or omissions that contributed to the injury can meet the burden of proof.
Negligence at sea can take many forms, but certain patterns appear again and again:
Often, an accident results from a combination of seemingly minor oversights—a missing handrail plus inadequate lighting, for example—that together create serious danger. The Jones Act recognizes this reality and allows recovery even when the employer’s share of fault is small.
Establishing negligence is the heart of every Jones Act claim. Evidence is the key, and gathering it starts immediately after an accident.
Notify the captain or supervisor as soon as possible. Provide a clear, factual account and request a copy of the written report. Include details such as time, weather and sea conditions, lighting, and the specific task you were performing. Your report becomes an early, official record that supports your version of events.
Photographs and video can capture conditions that may change quickly—wet decks that will later dry, equipment that could be repaired, or clutter that might be removed. If you can safely do so, take wide shots to show the overall layout and close-ups to reveal defects such as corrosion, frayed cables, or missing safety guards. Keep any damaged personal gear or clothing, as these can also become evidence.
Coworkers, supervisors, and even shore-based personnel may have seen the accident or known about the unsafe condition beforehand. Write down their names, job titles, and contact information. Ask them to share any notes, texts, or photos they took at the time. Witness statements collected early can be far more reliable than those taken months later.
Many crucial documents are under the employer’s control, including:
An attorney can formally demand these records and, if necessary, question supervisors, safety officers, and other personnel under oath to expose gaps or violations of maritime safety standards.
Complex equipment failures or human-factor issues often require expert testimony. Marine engineers can identify design flaws or improper maintenance. Human-factors specialists can explain how understaffing, inadequate rest periods, or poor training contributed to the accident. Medical experts connect the mechanism of injury to your diagnosed conditions and outline long-term impacts.
Under the Jones Act you must show that the employer’s negligence contributed to your injury. The contribution can be minimal. Courts often describe the standard as “featherweight” causation: if the negligence played any role in producing the harm, liability follows. This is a far lower threshold than ordinary negligence cases in many state courts.
Employers frequently argue:
Seek medical care promptly and follow treatment plans. Gaps in care can be used to argue that injuries are unrelated or minor. Keep all bills, prescription receipts, mileage logs for appointments, and any notes on work restrictions or missed shifts. These records support claims for medical expenses, lost wages, and loss of future earning capacity.
A successful Jones Act negligence claim can provide full compensation for:
In cases involving fatal accidents, your loved ones could bring a wrongful death claim against the negligent party. You may also qualify for related maritime remedies such as maintenance and cure (basic living and medical costs until maximum recovery) or an unseaworthiness claim against the vessel owner if the ship itself was not reasonably fit for service. An experienced maritime lawyer can coordinate these overlapping claims for maximum recovery.
Because key evidence can disappear quickly at sea, timing matters.
The Jones Act generally allows three years from the date of injury to file suit, but related maritime claims may have different timelines. Early legal involvement prevents missed deadlines and helps protect your rights.
Yes. Your compensation may be reduced according to your percentage of fault, but you can still recover damages if the employer’s negligence contributed to the accident.
Seaman status depends on your connection to a vessel and your contribution to its mission, typically requiring at least 30 percent of your work time aboard. Employment records, logbooks, and witness testimony often prove this status.
Often yes. Experts in marine engineering, safety standards, human factors, and medicine can be decisive in establishing both negligence and causation.
Jones Act claims can be brought in either state or federal court. An attorney will evaluate the best venue based on the accident location, employer domicile, and strategic considerations.
Maritime employers have teams of investigators and insurance adjusters ready to limit their exposure when a crew member is hurt. You should have experienced counsel on your side. Wagner, McLaughlin & Whittemore has decades of experience proving negligence in Jones Act cases and pursuing full compensation for injured seamen across Florida, from Tampa Bay to offshore rigs in the Gulf of Mexico.
Call (813) 225-4000 to discuss your case and learn how to protect your rights.
