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What is a Jones Act "vessel?"

 

A: To bring a claim under the Jones Act, an injured worker must be a "seamen" assigned to a "vessel" in "navigable waters." The worker must have a relatively permanent connection to the vessel or to a fleet of vessels. Importantly, the precise activity that caused the injury is not the deciding factor in determining whether a worker is a Jones Act seaman. Rather, the overall circumstances of the work and the relationship to the vessel or fleet of vessels must be carefully examined. Finally, the injured worker must contribute to the function or mission of the vessel. The Jones Act generally considers movable offshore oil rigs (like jack-up rigs or semi-submersibles) to be Jones Act "vessels." Dredges, tugboats, towboats, crew boats, tankerboats, supply boats, barges, fishing boats and similar special purpose vessels are considered "vessels" under the Jones Act. Perhaps the best and most recent discussion of Jones Act "vessel" status can be found in the 2005 U.S. Supreme Court decision Stewart v. Dutra Construction Co., decided February 22, 2005, unanimously.