The Jones Act provides some protections to seamen when they are injured as a result of another person’s negligence. The law is fairly straightforward when it comes to employees of a vessel, but it gets a little bit more complicated when the seaman in question is a contract worker. Depending on the circumstances and the terms of the person’s employment, they may or may not be entitled to protection under the Jones Act.
Wondering if you can file a Jones Act claim and get compensation for your injuries? Let’s sit down and talk. Call Fuquay Law Firm at 251-473-4443 to set up a consultation right away.
Differences Between Contract Workers and Employees
There are significant differences between contract workers and employees, and those differences can make or break your Jones Act claim. Independent contractors do not receive benefits, such as paid time off, health insurance, and vacation pay. Additionally, contractors pay both parts of their FICA taxes. Employers often turn to contract workers for short-term work, specialized projects, and occasional work.
The IRS maintains extensive documentation on what contractors can do. Unfortunately, a number of employers hire independent contractors in name but expect them to perform in the exact same way an employee might. While this is technically a misclassification of employees, it is still fairly common.
Your Role in the Maritime Industry
If you are an independent contractor, you aren’t automatically barred from receiving compensation under the Jones Act. First, you have to make sure that the work you are doing in the maritime industry qualifies you as a seaman.
The Jones Act only covers seamen, not all maritime workers. To qualify, you must be working in service to a vessel that is in operation. The workers must have a connection to a vessel or fleet of vessels. As an example, a longshoreman or harbor worker would likely not qualify for compensation under the Jones Act.
Compensation and Contract Workers
What allows some contract workers to qualify for Jones Act benefits, but not others? If a contractor is employed by someone, they likely qualify for benefits. They may be considered a contractor by the vessel’s main employer, but they are still someone’s employee.
As long as they are technically someone’s employee when they are injured, they likely qualify for Jones Act protections. If you’re not sure if you qualify, ask yourself if you have an employee-employer relationship in your work. If you have a clear employer but take on contract work as assigned by them, you are still considered an employee.
However, if you are a self-employed contractor who is not employed by anyone, it’s likely that you do not qualify for protection under the Jones Act. This is the case for most people who are classified as independent contractors under the IRS’s definition. If your work is self-guided, not overseen by management or supervision, and is done at your own pace and methodology, you would not receive compensation for a Jones Act claim.
This is a Nuanced Situation—You Need an Attorney
It’s clear that this is a fairly complicated topic when it comes to Jones Act claims. While there are some workers who clearly either qualify or don’t qualify for Jones Act protections, there are others whose cases are a bit murkier.
It’s important to avoid assuming that you know that you can’t file a Jones Act claim. You could be wrong, and by failing to check out your options, you could be leaving substantial compensation on the table.
Your next step should be to speak with a skilled maritime injury attorney. Attorneys in this area of specialty know the nuances involved with Jones Act claims and contractors, and your lawyer can help you explore your options.
The team at Fuquay Law Firm boasts extensive experience and knowledge in maritime injury claims. We’re here to help when you’re ready to move forward with your case.
Learn More About Your Options with Fuquay Law Firm
Whether or not you’re technically an employee, you could still have a valid Jones Act claim if your injury was the result of someone’s negligence. Find out more by contacting Fuquay Law Firm. Call us today at 251-473-4443 or send us a message online to set up a meeting time.
