Seaman Status Test

Helping Injured Seaman Claim Benefits

The Jones Act provides benefits and assistance for injured seamen who meet the requirements of the seaman status test. Maritime workers or seamen have a right to these benefits regardless of who is at fault for the injury-causing accident. In order to seek the compensation or benefits that are available under the Jones Act, a seaman must qualify under the three-part seaman status test. If you have questions about this process or would like to learn more about Jones Act claims, a knowledgeable Texas offshore injury attorney may be able to assist you.

The Jones Act Seaman Status Test Defined

The seaman status test specifies that a seaman must be assigned to work on a vessel that is not permanently moored and has not been removed from operation. The vessel or fleet of vessels must be operating on a navigable waterway. Courts will take the location of the body of water into consideration when determining what qualifies as a navigable waterway. Sometimes, the court will rule that inland lakes qualify as navigable waterways because they are fed into by major rivers.

Secondly, the seaman status test stipulates that the duties of the injured worker must contribute to the vessel's function or mission. Seamen who are working as engineers, deckhands, housekeeping stewards and cooks will all meet this requirement. Lastly, the injured seaman's connection to the vessel must be substantial in time and nature. This does not mean that a seaman needs to spend 100% of their time on the vessel, but that a significant amount of the worker's time must be spent aboard the vessel.

The Jones Act seaman status does not state that the injured worker needs to receive compensation for the duties performed. This means that unpaid volunteers may qualify for seaman status under the Jones Act's protections.

A Texas Offshore Injury Attorney Can Help

If you or someone you love has been injured as an offshore worker, it is important that you seek the legal counsel of a professional attorney. The Jones Act and other maritime laws can be challenging to navigate, and a maritime attorney at our firm can assist you in preparing for the seaman status test. At Arnold & Itkin LLP, we are committed to providing high-quality customer experience for injured offshore workers and their families. We are intimately familiar with the Jones Act regulations and how you may qualify for financial compensation under the seaman status test.

Contact a Texas seaman's rights lawyer at Arnold & Itkin LLP to discuss the specifics of your offshore injury case.