Jones Act Lawsuits

This page is about the Jones Act. The Jones Act provides a path for our lawyers to get compensation for seamen and others who suffer injuries or their families in the event of a death. Our maritime lawyers explain how this litigation works and how settlement amounts and jury payouts in Jones Act laws are calculated.

Jones Act Lawsuit Updates

Before we get into the nuts and bolts of these maritime lawsuits and the settlement compensation victims see in these suits, let’s look at the latest on recent boating accident lawsuits and other maritime injury claims.

February 27, 2025: Rum Company Challenges Jones Act

The Kola Rum Company of Hawaii has filed a lawsuit in federal court claiming that the Jones Act violates the U.S. Constitution. The lawsuit claims that the Jones Act unfairly raises costs for businesses and residents in Hawaii and Alaska, which is in violation of the little known “Port Preference Clause” of the Constitution, which basically says that Congress can’t give preferential treatment to ports in certain states at the expense of others. The lawsuit, which was filed in the U.S. District Court for the District of Columbia, claims that the Jones Act imposes billions in extra costs on Hawaii and Alaska compared to mainland states.

February 16, 2025: Congressional Efforts to Reform the Jones Act

U.S. Representatives Ed Case (D-HI-01) and James Moylan (R-Guam) have reintroduced legislative proposals to reform the Jones Act. The proposed reforms seek to alleviate the economic burden on non-contiguous U.S. regions, including Hawaii, Guam, Alaska, and Puerto Rico, by addressing the monopolistic tendencies that lead to inflated shipping costs.

January 15, 2025: First Jones Act Award of the Year

In the first reported verdict under the Jones Act in 2025, a seaman working on a public vessel owned by the United States government was awarded $398,135 for injuries to his lower back and left arm allegedly caused when he slipped on an unsafe surface. The verdict and award came after a bench trial in the U.S District Court for the Northern District of California.

December 2, 2025: Study Finds Jones Bolsters Puerto Rico Economy

A new study done by Ernst & Young on behalf of the Transportation Institute (an advocacy group for shipping companies) found that the Jones Act has significantly benefitted the local economy of Puerto Rico. The study found that the Jones Act accounted for 2,000 jobs and over $200 million in economic output in Puerto Rico, a U.S. territory that has been troubled by economic woes.

June 25, 2024: New Jones Act Lawsuit

April 2, 2024: New Maritime Lawsuit on a Cruise Ship

In a new lawsuit, Mendoza v. International Cruise Shops, Ltd. d/b/a Starboard Cruise Services, Inc., and Holland America Line, NV, the plaintiff, a Nicaraguan national and crewmember aboard the M/V VOLENDAM, has initiated a lawsuit seeking damages under the general admiralty and maritime law of the United States, including the Jones Act. The lawsuit, filed in Miami-Dade County, Florida, alleges that the defendants failed to provide a safe working environment and adequate medical care following the plaintiff’s injuries sustained while performing duties that involved heavy lifting and long hours for a monthly salary of approximately $2,000, including commissions.

The plaintiff claims to have suffered severe lower back pain due to the strenuous work conditions and accuses the defendants of negligence in their response, particularly in providing medical treatment and adhering to the maintenance and cure obligations mandated by maritime law. The lawsuit seeks compensatory damages for the physical injuries and financial losses incurred, highlighting the challenges faced by seafarers and the protections afforded to them under the Jones Act for injuries sustained in service to their ships.

March 25, 2024 – Punitive Damages Under the Jones Act

The Supreme Court heard oral arguments today on whether injured sailors could pursue punitive damages against shipowners in unseaworthiness cases.

The plaintiff sustained severe hand injuries due to a defective hatch on a barge. The court previously acknowledged in 2009 that punitive damages could be sought if an employer failed to provide medical care and wages to an injured sailor, and now the debate extends to whether this can apply to claims of a vessel’s unseaworthiness. The defendant is challenging a federal appeals court’s decision that permitted such damages.

• Boat accident settlements amounts

The Jones Act

Maritime commerce, or the business of transporting goods and passengers by sea, follows specific rules. In the U.S., these rules are known as “cabotage laws.” Cabotage laws say only ships registered in a country can transport goods and passengers from one port to another within that same country.

In the United States, these rules are governed by the Jones Act of 1920. There are actually three laws called the “Jones Act,” but when most people talk about the Jones Act, they’re referring to the Merchant Marine Act of 1920.

The Jones Act covers a lot. Our lawyers focus on Section 33, which provides vital protections for maritime workers injured due to negligence or vessel unseaworthiness. This maritime law allows injured seamen to pursue damages from their employers, covering a range of losses from medical expenses to lost wages and pain and suffering.

So injured or deceased seamen were granted the right to sue their employers (including the captain and crew under the principle of vicarious liability) for negligence, with the possibility of a jury trial, through the integration of remedies available to railroad employees under what would eventually be recognized as the Federal Employers’ Liability Act (FELA).

How a Jones Act Lawsuit Works

Filing a lawsuit under the Jones Act involves several key steps and considerations for an injured maritime worker. Here’s is the nutshell of how these lawsuits work:

Eligibility

The first step is determining if the worker qualifies as a “seaman” under the Jones Act. This typically means the individual must spend a significant amount of their work time on a vessel or fleet of vessels under navigation, contributing to the vessel’s function or mission. The vessel must also be in operation, capable of moving on navigable waters.

Negligence or Unseaworthiness Claim

To establish a claim under the Jones Act, a plaintiff must prove that they were a seaman, sustained an injury while working, and that the employer’s negligence contributed to the injury in any way, however slight. The burden of proof is reduced compared to typical negligence cases; the plaintiff only needs to show that the employer’s negligence played a part in the injury.

So the injured seaman must establish that their injury was caused by the negligence of the employer, the vessel’s owner, officers, or fellow employees or by the vessel’s unseaworthiness.

Of course, there are a lot of possible claims under this umbrella. Negligence could include a wide range of failures, such as not providing a safe working environment, inadequate training, or faulty equipment. Unseaworthiness refers to conditions where the vessel itself, including its equipment and crew, is not reasonably fit for its intended use.

Gathering Evidence

Collecting evidence – the right evidence – is crucial to your claim. This involves documenting the conditions that led to the injury, collecting witness statements and medical reports to confirm the injury and its impact on the seaman’s life and work, maintaining records of the vessel, and any other evidence that supports the claim of negligence or unseaworthiness.

Maintenance and Cure

Regardless of fault, under the general maritime law, an injured seaman is entitled to “maintenance and cure,” which covers daily living expenses (maintenance) and medical costs (cure) until the seaman reaches maximum medical improvement. This is separate from the negligence claim under the Jones Act.

Contributory Negligence

Contributory negligence does not defeat a claim under the Jones Act even in states that recognize contributory negligence.  But it does reduce the damages in proportion to the seaman’s negligence. Employers must demonstrate an absence of a factual dispute as to their negligence to defeat a Jones Act claim before a trial.

Filing the Lawsuit

The injured seaman, typically with the assistance of a maritime attorney, files a lawsuit against the employer or vessel owner. This must be done within three years of the injury date, according to the statute of limitations for Jones Act claims.

Seeking Compensation

Through the lawsuit, the seaman can seek damages for past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and more. Unlike maintenance and cure, these damages are contingent on proving negligence or unseaworthiness.

Trial or Settlement

Most Jones Act lawsuits – the vast majority – end with a settled out of court. However, if a settlement compensation agreement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome. The Jones Act allows for jury trials, which is relatively unique in maritime law. This increases Jones Act settlement amounts in sea accidents because juries typically award more than judges, and their unpredictability scares defendants.

Jones Act Settlements and Verdicts

Below are summaries of Jones Act settlement amounts and jury payouts in wrongful death and injury cases brought under the Jones Act.

• $1,377,552 Verdict (Louisiana 2025): This case involved a Jones Act seaman who sustained serious injuries while working aboard a towboat operated by River Ventures LLC. The plaintiff asserted that while aboard the M/V Independence, he fell from the side of a barge being towed during an early crew change. He alleged that the vessel was being operated in an unsafe manner, leading to his fall and a violent impact with the dock. Again, under the Jones Act, seamen are entitled to a reasonably safe working environment, and vessel operators have a duty to exercise ordinary care in maintaining safe conditions. That did not happen here. The plaintiff suffered comminuted fractures in both heels, requiring surgery, and additional injuries to his lower extremities. The jury found in his favor, awarding $1,377,552 in damages for his injuries and losses.
• $2,218,000 Verdict (2024 Florida): The plaintiff filed under the Jones Act claiming that he was working as a deckhand aboard the F. Dawson when another employee, using a crane, struck plaintiff’s foot with an 800-pound “headache bowl.” He brought claims for unseaworthiness, negligence, and maintenance and cure. Plaintiff sought punitive damages and attorneys’ fees and costs as to maintenance and cure. The defendant admitted liability but contested damages.
• $7,000,000 Verdict (2024 New York):  A 50-year-old seaman was injured and developed cervical stenosis with possible spinal cord compression, requiring cervical fusion surgery, and chronic regional pain syndrome (CRPS) of his right arm, rendering him unable to work. The plaintiff hired a Jones Act lawyer who filed a lawsuit alleging that the defendants’ vessel, crew, and equipment were unseaworthy, which led to his injuries. The defendants denied the CRPS diagnosis and argued that the cervical spine damage was pre-existing and degenerative. The jury awarded $2,000,000 for past pain and suffering and $5,000,000 for future pain and suffering.
• $1,879,298 Verdict (2023 Louisiana): The plaintiff was working on the deck of a boat which was traveling without barges when it struck another vessel that was moored at a dock on the Mississippi River. The plaintiff said he suffered personal injuries which included injuries to the cervical region of his spine for which he underwent a two-level disc replacement surgery, a herniated disc in the lumbar region of his spine, headaches that were likely a concussion and injuries to his right shoulder, which included a partial tear/tendinosis of the supraspinatus tendon, for which the plaintiff underwent two arthroscopic surgeries and subsequent physical therapy.
• $15,000,000 Verdict (2023 Missouri): The decedent, 22 years old, was working as a deckhand for defendant Osage Marine Services Inc. when he fell from a barge into the Mississippi River. His body was not found and he was adjudicated presumptively deceased. His estate brought an action under the provisions of the Jones. The plaintiff hired a Jones Act lawyer who alleged negligence in failing to provide a safe place to work, failing to provide adequate safety equipment, failing to provide a safe crew, failing to properly rescue the decedent after he fell in the river, and failing to provide a vessel that was seaworthy.
• $3,300,000 Verdict (2023 New York): The deckhand had been directed to work on a barge during the cleaning of a vivid yellow corn gluten fertilizer, which was argued to pose an unsafe working environment. Following exposure to the substance, the deckhand suffered acute hypoxic respiratory failure, leading to hospitalization and necessitating ongoing respiratory treatments. He claimed that this aggravated his pre-existing asthma into a permanent condition. The defense countered, claiming the asthma was a childhood condition exacerbated by a previous incident with a different employer weeks earlier. However, the jury rejected this argument and awarded the deckhand $3.3 million in damages.
• $2,500,000 Verdict (2022 Missouri): An ex-barge worker filed a lawsuit against a barge company for injuries suffered on the job. He sustained the injuries when a wire he was handling snapped, resulting in a fall and dislocation of his kneecap. Despite initially returning to work, he experienced subsequent knee issues, necessitating surgeries and potentially a knee replacement. The worker’s Jones Act lawsuit asserted that the company’s negligence in maintaining equipment and safety procedures caused his injury.

Jones Act Frequently Asked Questions

The Jones Act provides vital legal protections for injured maritime workers, allowing them to sue their employers for negligence and seek compensation for their injuries. But like most maritime laws, the Jones Act is complicated—and employers will do everything possible to minimize or deny valid claims. Below, we break down the key questions seamen and their families often ask about Jones Act lawsuits, settlements, and how to navigate the legal process to maximize compensation. Whether you are dealing with an injury, considering a lawsuit, or just want to understand your rights, this FAQ covers what you need to know.

What is the Jones Act, and why does it matter for injured seamen?

The Jones Act is a federal law that gives injured maritime workers the right to sue their employers for negligence. Unlike regular workers’ compensation, which does not require proof of fault, the Jones Act lets injured seamen take legal action if their employer’s negligence contributed to their injuries—even in the slightest way. This means if your employer failed to provide a safe working environment, used defective equipment, or had an unqualified crew, you can file a lawsuit for damages.

Who qualifies as a “seaman” under the Jones Act?

To qualify as a seaman under the Jones Act, you must meet two key criteria:

1. You must work on a vessel in navigation—meaning the vessel is afloat, operational, and capable of movement on navigable waters.
2. You must have a substantial connection to the vessel, meaning your job duties contribute to its function, and you spend at least 30% of your time onboard.

This seaman status is what separates Jones Act claims from standard workers’ compensation or longshoreman claims.

What kinds of damages can I recover in a Jones Act lawsuit?

Unlike standard workers’ comp, a Jones Act lawsuit allows you to recover full damages, including:

• Lost wages (past and future)
• Medical expenses (past and future)
• Pain and suffering
• Disability and loss of earning capacity
• Mental anguish and emotional distress

If your employer acted with reckless disregard for safety, punitive damages may also be on the table.

How long do I have to file a Jones Act lawsuit?

The Jones Act statute of limitations is three years from the date of the injury. If you miss this deadline, your claim is dead in the water—so do not wait to talk to a lawyer.

What do I need to prove to win a Jones Act case?

Under the Jones Act, you must prove negligence—but the bar is much lower than in normal personal injury cases.
All you need to show is that your employer’s negligence played a role in causing your injury, no matter how small. This is called featherweight causation—if their negligence contributed even 1%, you have a case.

What is vessel “unseaworthiness,” and why does it matter?

Even if your employer was not negligent, you may still have a claim if the vessel was unseaworthy. A vessel is unseaworthy if:

• It has defective equipment
• The crew is too small or poorly trained
• There are unsafe working conditions

If the vessel was unseaworthy and that led to your injury, you can sue the vessel owner under general maritime law.

Can I Sue for Punitive Damages Under the Jones Act?

Yes, but only under specific circumstances. Under the Jones Act (46 U.S.C. § 30104), seamen who suffer injuries due to their employer’s negligence have the right to seek compensation. However, punitive damages are not automatically available in every case.

A court may award punitive damages if an employer:

• Willfully and arbitrarily denies a seaman their right to maintenance and cure
• Acts with reckless disregard for a seaman’s safety, creating dangerous working conditions

There is an ongoing legal debate about whether punitive damages can be awarded for unseaworthiness claims under general maritime law. In Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), the Supreme Court allowed punitive damages for wrongful denial of maintenance and cure, but subsequent lower court rulings have questioned whether they apply to unseaworthiness claims.

What happens if my employer tries to blame me for my injury?

Employers love blaming injured workers for their own accidents. But here’s the good news:

• Comparative negligence applies. Even if you were partly at fault, you can still recover damages—they just get reduced by your percentage of fault.
• Your employer must prove your negligence—they cannot just claim it and get off the hook.
• Unlike other personal injury claims, Jones Act claims do not require you to be 50% or less at fault to recover—you can still win even if you were mostly at fault.

How much are Jones Act settlements worth?

Jones Act settlement amounts vary widely depending on the severity of the injury, lost wages, medical expenses, and future disability. You can look at the verdict and settlement above, and they will give you some flavor of Jones Act settlement amounts.  But there is no average settlement amount statistic and if you did it would still be meaningless.

Do I really need a Jones Act lawyer, or can I handle this myself?

Let’s put it this way—your employer already has lawyers trying to shut your case down before it even starts. Maritime law is complex, and the Jones Act has too many loopholes for you to fight alone. Having an experienced Jones Act lawyer ensures that:

• You file your claim correctly and on time.
• You get full compensation instead of whatever lowball offer your employer throws at you.
• You do not fall into legal traps that could hurt your case.

That said, people have handled their own cases and been successful.  We would suggest that it is a minority of claims, particularly serious injury or wrongful death lawsuits.

How are Jones Act settlements calculated?

Jones Act settlements vary widely, but they typically depend on the severity of the injury, lost wages, medical expenses, and pain and suffering. Unlike standard workers’ compensation claims, a Jones Act claim allows an injured seaman to seek damages for employer negligence.

Factors that influence Jones Act settlement amounts include:

• Severity of Injury: More serious injuries, such as spinal damage or traumatic brain injuries, generally result in higher settlements.
• Medical Expenses: Past and future medical bills, rehabilitation, and long-term care contribute to the payout.
• Lost Wages: Settlements factor in both past lost earnings and future loss of earning capacity.
• Pain and Suffering: Courts recognize the emotional and physical toll of an injury in awarding damages.
• Comparative Negligence: If the seaman was partially at fault, their settlement could be reduced.

Recent Jones Act verdicts have ranged from a few hundred thousand to multi-million-dollar awards, with states like Louisiana and Oregon seeing significant maritime injury settlements.

What is the statute of limitations for a Jones Act lawsuit?

Under the Jones Act statute of limitations, a seaman has three years from the date of their injury to file a lawsuit against their employer for negligence. This means that if a maritime worker does not initiate legal action within this time frame, they may lose their right to recover damages.

However, certain exceptions can extend or shorten this deadline:

• Discovery Rule: If the injury was not immediately apparent, the statute of limitations may begin when the seaman knew or should have known about the injury.
• Government-Owned Vessels: If the claim involves a public vessel, the statute of limitations may be only two years under the Public Vessels Act.

If you have a potential claim, do not wait until the last minute. Consult an experienced maritime injury lawyer to protect your rights.

Contact Our Jones Act Lawyers for Help

The maritime personal injury lawyers at Miller & Zois can help get the compensation you are entitled to for an offshore maritime accident. Call us today at 800-553-8082 or contact us online.