The company says I fell because I wasn’t paying attention. Does that affect my claim?
Under the Jones Act’s comparative fault system, your employer bears liability for any negligence that contributed to your fall, even if you were also inattentive. If the deck was inadequately non-skid, if the lighting was poor, or if a spill had not been cleaned up, those conditions contributed to your fall regardless of your attentiveness. The question is proportional fault allocation, not all-or-nothing. Employers routinely and aggressively overstate worker fault in slip and fall cases because they know it affects settlement value. Don’t accept their characterization without independent legal advice.
I fell overboard and survived, but I have not fully recovered. What am I entitled to?
A fall overboard that results in near-drowning, cold water exposure, or traumatic injury during the fall or recovery is a serious maritime injury claim. You are entitled to maintenance and cure from the date of injury through maximum medical improvement, a Jones Act negligence claim for any employer negligence that contributed to the fall, and an unseaworthiness claim if absent or defective guardrails or deck conditions contributed. If you experienced a near-drowning event, get a comprehensive neuropsychological evaluation — anoxic brain injury from oxygen deprivation during near-drowning can produce cognitive deficits that may not be apparent in your initial post-rescue medical evaluation.
I slipped on stairs inside the vessel, not on deck. Is that covered?
Yes. The Jones Act and unseaworthiness doctrine apply to conditions throughout the vessel — not just on the main deck. Interior stairways, ladder wells, passageways, and work areas below deck are all part of the seaworthy vessel requirement. A defective ladder, worn stair tread, or slippery interior passageway that causes a fall is as actionable as an exterior deck condition.
My fall happened while I was off watch in my bunk room. I fell getting out of my bunk. Do I have a claim?
Possibly. The Jones Act protects seamen from injuries sustained ‘in the service of the ship’ — a broad standard that includes injuries that occur while the seaman is on the vessel, even during off-duty time. An injury that occurs because of a defective bunk, an inadequate ladder to an upper bunk, or slippery flooring in crew quarters may qualify as a Jones Act claim. The specific facts determine whether the injury occurred in service of the ship.