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Are offshore oil rig workers covered under the Jones Act?

The Jones Act, officially called the Merchant Marine Act of 1920, protects seamen injured on inland boats and barges and ocean-going vessels. Not to be confused with Workers’ Compensation, it does function in a similar way. Under the Jones Act, the employer covers all medical benefits of the seaman until full recovery and allows a living allowance (called maintenance) to replace lost wages. The Act also gives an injured seaman the right to pursue legal action against the employer for pain and suffering.

However the Act is very complicated, and leaves much to the discretion of the courts. For example, there is no clear definition of either “seaman” or “vessel,” so deciding whether or not to pursue a claim under the Jones Act depends on several different factors. Also, under the Jones Act the injured worker must prove that his or her accident was a result of negligence on the part of the employer or a co-worker. This includes improper or lack of safety procedures during operations, unsafe work environment, and faulty equipment. With the complicated nature of the Act and the burden of proof landing on the worker, clearly retaining expert legal counsel for one of these cases is highly recommended.

As mentioned above, the definition of “vessel” is vague in the Act, which means that offshore oil rig workers may or may not be covered. A stationary rig is generally considered to be a fixed platform, so workers employed and injured on the platform are not usually covered under the Act.

However drill ships, barges, and other moveable types of rigs would usually be covered. But even here there are stipulations: often the worker has to be involved in some way with the movement of the vessel, regardless of whether the accident occurred while performing those duties. Further, some court cases in the past have put an emphasis on whether the vessel was moving at the time of the accident. A district court in Massachusetts ruled that because a dredging barge in Boston Harbor was stationary when a worker was injured, it could not be considered a Jones Act case. However a Supreme Court ruling later overturned that judgement.

If you are a contract worker shipped out to perform work on an offshore oil rig – even a fixed platform – you may be covered under the Jones Act. Again, it would depend on whether you were directly responsible for the movement of the ship in some way, and what was the cause of the accident.

The bottom line: don’t decide for yourself. Contact the Jones Act experts at Jim S. Adler & Associates. We will provide you with a free case evaluation, inform you of your rights, and help you determine your next move. You are under no obligation to pursue a case, and you remain in full control of any legal actions we pursue on your behalf. Call us right now, and get informed before you decide what course of action is best for you.