Seaman Status Test
Seaman who are classified under the Jones Act the following conditions need to apply.
- The Vessel on which the individual is serving must be in navigation.
- There must be a relatively permanent connection between the individual and either a single vessel, or a group of vessels under common ownership.
- The circumstances at the time of the incident should not be used as the sole determining factor for deciding whether or not someone is a seaman. Instead their relationship with a vessel or group of vessels on which they work, and the total circumstances of their employment should be examined.
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The injured seaman must have been aboard the vessel primarily to perform duties, which contributed to function of vessel or accomplishment of mission.
Additionally, under the "no snapshot" doctrine, the court does not evaluate the worker's connection to a vessel or a fleet at just the moment of injury, but instead must evaluate a seaman's relationship to a vessel or a fleet as if that seaman were to complete the mission uninjured. In other words, there is a distinction between land based workers and seamen. For example, a land based worker who happens to get injured aboard a ship will not be eligible for Jones Act protection, whereas a seaman who happens to be injured on land while the boat is docked will not loose his Jones Act protection. It is important that you hire a maritime lawyer to ensure you get the benefits you deserve.
People who serve on freighters, tugboats / towboats, crew boats, tankers, jack-up rigs, semi-submersibles, supply boats, lay barges, barges, fishing boats, and crew boats who are members of the crew are considered to be seamen under the Jones Act. Pilots, those who work on fixed platforms, and longshoremen are not classified as seamen under the Jones Act and do not qualify for protection. They may have other maritime remedies available to them and should contact a lawyer as soon as they are able.
Let Us Help You
No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1-800-Jones-Act (1-800-566-3722), or send us an email. Call today for help with your seaman claims.
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