Jones Act is the common name for a federal law that lets injured seamen sue their employer for negligence. It covers crew members who work aboard a vessel in navigation and help it do its job. It is not workers comp. Instead, it gives you the right to file a lawsuit and ask for full damages. If you were hurt at sea, take a breath. You have real rights, and the deadlines are longer than most people expect.
Who the Jones Act Covers
The law protects “seamen.” Courts use two tests to decide who counts. First, your work must help the vessel do its job or complete its mission. Second, you must have a connection to a vessel in navigation, or a fleet of vessels, that is substantial in both time and nature. In most cases, courts use a rough rule of thumb. If you spend less than about 30% of your work time on the vessel, you typically do not qualify.
For example, deckhands, cooks, engineers, captains, and crew on tugboats, barges, fishing boats, supply boats, and cruise ships often qualify. However, dock workers, ship repairers, and harbor workers usually do not. They fall under the federal Longshore and Harbor Workers’ Compensation Act (LHWCA). That law expressly leaves out a “master or member of a crew of any vessel,” as stated in 33 U.S.C. § 902(3)(G). As a result, you are covered by one law or the other, but not both.
Here are the key facts in one place:
| Key Fact | Jones Act (Seamen) | LHWCA (Longshore/Harbor Workers) |
|---|---|---|
| Who is covered | Crew members of a vessel in navigation | Dock, harbor, shipyard, and port workers |
| Who runs it | No agency; federal or state courts decide claims | U.S. Department of Labor, OWCP |
| Fault required? | Yes, employer negligence (even slight) | No, no-fault system |
| Main benefits | Full damages, plus maintenance and cure | Two-thirds (66⅔%) of average weekly wage, medical care |
| Pain and suffering | Yes, can be recovered | No |
| Filing deadline | 3 years from injury (46 U.S.C. § 30106) | Notice in 30 days; claim within 1 year |
| Key forms | No claim form (court complaint); employer files Coast Guard CG-2692 | LS-201 (notice), LS-202 (employer report), LS-203 (claim) |
What the Jones Act Pays
A jones act case can recover more than workers comp typically pays. That is because it is a full lawsuit for damages. You may be entitled to past and future lost wages, and loss of future earning ability. You may also recover medical costs, plus pain and suffering. The law borrows its rules from the Federal Employers’ Liability Act, which also covers railroad workers. The text is at 46 U.S.C. § 30104.
You do not have to prove the employer was mostly at fault. In most cases, it is enough that employer negligence played any part, even a small one. However, your own share of fault can reduce your award. For example, if a jury finds you 20% at fault, your damages typically drop by 20%. This rule comes from 45 U.S.C. § 53.
Separate from the jones act, general maritime law gives you two more protections. “Maintenance” is a daily payment for basic living costs while you recover. “Cure” covers your medical care until you reach maximum medical improvement. Both are owed regardless of fault. You may also have an “unseaworthiness” claim if the vessel or its gear was unsafe.
If a seaman dies, the family can bring a wrongful death claim. Deaths far offshore may also fall under the Death on the High Seas Act. Any settlement figure is illustrative only. Every case is different.
How to File and the Deadlines
There is no government claim form for a jones act claim. Instead, you or your attorney file a lawsuit in federal or state court. You have the right to a jury trial. Typically, the first practical step is to report your injury to the captain or supervisor right away. Put it in writing if you can, and keep a copy.
Your employer then has its own duty. Under 46 CFR § 4.05-10, the vessel owner or operator generally must file Form CG-2692 with the U.S. Coast Guard within five days for a reportable injury. Ask for a copy of that report. It can become key evidence later.
If you are unsure which law covers you, do not wait to find out. Missing either deadline can end your claim. You can read more about the longshore program on the DOL Division of Longshore and Harbor Workers’ Compensation site.
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How It Differs From State Workers Comp
State workers comp is a no-fault trade-off. You get benefits without proving fault. In exchange, you usually cannot sue your employer, and you cannot recover pain and suffering. Benefits are also capped by a state weekly maximum. The jones act works the other way. You must show some employer negligence. However, if you do, there is no set weekly cap on damages, and pain and suffering is on the table.
Another big difference is who decides. A state board or commission handles comp claims. By contrast, a judge or jury decides jones act cases. Typically, this means more paperwork, more evidence, and more time. As a result, many injured seamen work with a maritime attorney. Meanwhile, maintenance and cure can help cover living and medical costs while the case moves forward.
Frequently Asked Questions
Can I get state workers comp and Jones Act damages at the same time?
In most cases, no. If you qualify as a seaman, federal maritime law generally replaces state workers comp for that injury. Confirm your status with a licensed attorney, because the line can be close.
Can my employer fire me for filing a claim?
Federal law generally protects seamen who report injuries or unsafe conditions from retaliation. If you feel pushed out after reporting, write down dates, names, and what was said. Then talk with a licensed attorney about your options.
What if my employer stops paying maintenance and cure?
An employer that wrongly refuses to pay maintenance and cure may owe extra damages and attorney fees. Keep every medical record and pay stub. Ask in writing why the payments stopped, and get advice quickly.
Jones act: Quick Recap
If you remember one thing about jones act, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about jones act should be confirmed with the agency before you act on it.
Questions about jones act that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.
See your state’s exact numbers
What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.
Sources & How to Verify
The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.
- Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
- U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
- NCCI: ncci.com — workers’ comp rating and benefit data
- Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
- Insurance Information Institute: iii.org — neutral workers’ comp background
Content last reviewed October 2026. If you notice an outdated figure, please contact us.
Related Guides
- Workers Comp Settlements by State (All 50)
- Workers Comp Claims by State (All 50)
- More in This Category
- Settlements by Injury
- Benefits Explained
- Workers Comp Glossary
Informational only — not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical or financial advisor, and this page does not provide legal, medical, or financial advice. Workers’ compensation benefits, deadlines, and rules vary by state and change over time, and settlement estimates are illustrative only. Always confirm the exact figure and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.