Texas Jones Act Lawyer

The Jones Act (46 U.S.C. § 30104) gives injured seamen the right to sue their employer for negligence and recover full damages — a right that the shoreside workers’ compensation system does not provide. If you were injured while working aboard a vessel in navigation and you spend a substantial portion of your time in the service of that vessel, you are likely a “seaman” entitled to Jones Act protection. A Texas Jones Act lawyer at McFarlane Law represents injured tugboat crew, offshore supply vessel workers, barge workers, commercial fishermen, and other seamen across the Gulf Coast. Our firm has recovered more than $100 million for injured Texans.

Who Qualifies as a “Seaman” Under the Jones Act

The Jones Act covers “seamen” — a term of art under federal law. The U.S. Supreme Court’s Chandris v. Latsis decision sets the test: (1) the worker’s duties must contribute to the function of the vessel or to the accomplishment of its mission, and (2) the worker must have a connection to a vessel in navigation (or to an identifiable group of vessels) that is substantial in both duration and nature. The 30% rule — time spent aboard vessels — is a general benchmark. Most deckhands, engineers, masters, mates, cooks, tankermen, and offshore supply vessel crew qualify. Dock workers, cargo loaders, and longshoremen generally do not qualify as seamen (they are covered by the LHWCA instead). Status battles are common and often require briefing at the summary-judgment stage; an experienced Jones Act attorney is essential from day one.

Jones Act Negligence: A “Featherweight” Burden of Proof

The Jones Act imposes a far lower burden of proof than ordinary negligence. A seaman need only show that the employer’s negligence played any part, however small, in producing the injury. Common negligence theories include unsafe vessel conditions, inadequate training, failure to provide proper equipment, improper supervision, failure to warn of known hazards, negligent medical care aboard, excessive work hours without adequate rest, and violation of Coast Guard rules. The low burden of proof is why the Jones Act has been called the most plaintiff-friendly statute in American law — but collecting the evidence, identifying the witnesses, and pursuing the employer through litigation still requires an experienced maritime firm. McFarlane Law has developed the playbook.

Damages Available Under the Jones Act

Unlike workers’ compensation, the Jones Act allows injured seamen to recover the full spectrum of traditional personal injury damages. Past and future medical expenses are fully recoverable (above and beyond maintenance and cure, which covers only current expenses). Lost wages and lost earning capacity — including the loss of ability to continue seagoing work — are often enormous in Jones Act cases because maritime wages plus overtime and bonuses can exceed six figures. Pain, mental anguish, physical impairment, and disfigurement are all recoverable. Federal courts have developed a body of case law recognizing the special hazards and demands of seagoing life, and Jones Act juries often award substantial non-economic damages. Punitive damages, while generally unavailable for simple negligence, are available for willful failure to pay maintenance and cure.

Deadlines and Strategic Considerations

The Jones Act has a three-year statute of limitations from the date of injury, but an injured seaman who waits three years has usually lost critical evidence. Vessel logs, incident reports, maintenance records, witness statements, and medical records need to be preserved immediately. Shipmates rotate ashore, to other vessels, and out of the industry. Many employers pressure injured crew to sign releases in exchange for small lump sums — releases that can later be challenged, but that add cost and complexity to the case. Jones Act plaintiffs have the option of suing in federal court or state court (under the “saving to suitors” clause), and McFarlane Law selects the venue and strategy that maximizes recovery for each client.

Related Practice Areas

Related: Texas LHWCA lawyer, maintenance and cure lawyer, unseaworthy vessel lawyer Texas, Texas offshore injury lawyer, Texas wrongful death lawyer. Hub: Texas maritime injury lawyer.

Talk to a Texas Injury Lawyer Today

If you are a Texas seaman injured on a tug, barge, OSV, fishing boat, or other vessel, call McFarlane Law before you sign anything or accept a lump-sum offer. Free case evaluation, no fee unless we win. Austin (512) 222-4900, Odessa (432) 803-5000.