If you are reading this, you or a loved one has likely been injured on the water. You are probably being offered “benefits” that sound a lot like workers’ compensation: medical coverage and a small portion of your daily wages.
Here is the hard truth your employer might not tell you: If you are a qualified seaman, you do not belong in the workers’ compensation system. Acceptance of standard workers’ comp benefits can be a six-figure mistake.
In my decade of practice, I have seen the difference firsthand. A severe back injury under state workers’ comp might settle for $40,000. That same injury under the Jones Act can settle for $250,000 or more. Why? Because the law treats seamen as “wards of the court,” granting you rights that land-based employees simply do not have.
This article explains why Jones Act settlements are superior and how to ensure you don’t leave money on the table.
1. The “Featherweight” Burden: Winning is Easier
The single biggest driver of higher settlements is the Jones Act negligence standard.
In a standard land-based injury case (like a car crash or a slip-and-fall at a grocery store), you must prove “proximate cause.” You have to show that the defendant’s negligence was the primary reason you were hurt. If you were 50% at fault, your case might be dead in the water.
The Jones Act is different. It uses a “featherweight” burden of causation. Under this standard, your employer is liable if their negligence played any part, no matter how small, in causing your injury.
Example: You hurt your back lifting a heavy line.
- Land Law: If you lifted with your back instead of your knees, you might get nothing because you were negligent.
- Jones Act: If the employer failed to provide a second crew member to help, or if the deck was slightly slippery, the employer is liable. Even if they are only 1% at fault and you are 99% at fault, you can still recover damages.
This lower burden of proof forces insurance companies to settle. They know that if a case goes to a jury, the “featherweight” standard makes it very difficult for them to escape liability completely.
2. Maintenance and Cure: Fighting for the Real Daily Rate
If you are injured, your employer must pay “Maintenance and Cure.”
- Cure: Your reasonable medical bills (until you reach Maximum Medical Improvement).
- Maintenance: Your daily living expenses while recovering.
The Trap: Most companies will automatically start sending you checks for $30 or $40 a day. They claim this is the “standard rate.” This is false.
The maintenance and cure benefits daily rate is not a fixed number; it is a legal reflection of your actual living expenses on land. This includes your rent/mortgage, utilities, food, and homeowners insurance. In 2024 and 2025, with inflation, a rate of $35/day is legally insufficient for almost anyone.
We routinely fight to increase this rate to $75–$85 per day or more, depending on your actual household bills. Over a six-month recovery, the difference between the “company rate” and the “legal rate” can mean an extra $10,000 in your pocket—before we even talk about your settlement.
3. Unlimited Damages vs. Capped Schedules
State workers’ comp is a “grand bargain”: you get automatic benefits, but you lose the right to sue. Your payout is capped by a strict schedule (e.g., “Loss of a thumb = 60 weeks of pay”). It does not matter if that thumb was essential to your joy in life; the value is fixed.
The Jones Act has no caps. We sue for:
- Past and future lost wages (often calculating career-long earnings).
- Pain and suffering (often the largest part of the settlement).
- Loss of enjoyment of life.
- Found (the value of the room and board you would have received on the vessel).
A workers’ comp claim pays your bills. A Jones Act claim pays for the destruction of your livelihood and quality of life.
4. Do You Qualify? The Seaman Status Test 2025
Not everyone who works on water is a “seaman.” To qualify for these higher settlements, you must pass the federal test.
The seaman status test 2025 remains grounded in the Supreme Court’s Chandris decision, but courts are applying it strictly. To qualify, you must prove:
- Contribution: You contribute to the function of the vessel or the accomplishment of its mission.
- Connection: Your connection to a “vessel in navigation” (or a fleet of vessels) must be substantial in both duration and nature.
The 30% Rule: Generally, you must spend at least 30% of your time working on a vessel in navigation. If you are a rotational worker moving between barges and docks, or if your vessel is permanently moored (like a floating casino), your status can be contested.
Insurance companies love to argue you are a “longshoreman” rather than a “seaman” to keep you in the cheaper workers’ comp system. Proving your status is often the first and most important battle we fight.
Summary: The Bottom Line
| Feature | Workers’ Comp | Jones Act |
|---|---|---|
| Fault Required? | No (No-fault system) | Yes (but “Featherweight” burden) |
| Damages | Medical + % of Wages | Medical + Full Wages + Pain & Suffering |
| Pain & Suffering? | NO | YES |
| Settlement Size | Capped / Low | Uncapped / High |
My Advice
If your employer hands you a form titled “State Workers’ Compensation,” do not sign it without speaking to a maritime lawyer. You may be signing away your rights to federal protection and a settlement that actually compensates you for your loss.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. Consult with a qualified maritime attorney regarding your specific situation.