Alaska Maritime & Jones Act Lawyers

Serving Alaska's mariners and fishing families · Free consultation · Contingency fee — no fee unless we win

Quick answer

If you were hurt working on the water in Alaska, your claim may fall under federal maritime law, not ordinary state injury law — and that usually means stronger rights. The Jones Act (46 U.S.C. § 30104) lets an injured seaman sue their employer for negligence, with a right to a jury trial. Separately, an injured seaman is owed "maintenance and cure" — daily living expenses and medical care — regardless of who was at fault. You may also have an unseaworthiness claim against the vessel owner. Maritime injury claims generally have a three-year deadline (46 U.S.C. § 30106), longer than Alaska's two-year deadline for most land injuries — but you should never wait. Commercial fishing is one of the most dangerous jobs in America (a fatality rate more than 40 times the national average, per NIOSH/BLS), and Alaska accounts for a large share of U.S. fishing deaths. Choate Law Firm has represented injured Alaskans since 1980, from our Juneau office on Alaska's working waterfront. Consultations are free and we are paid only if we recover for you. Call (907) 586-4490.

What is the Jones Act?

The Jones Act (46 U.S.C. § 30104, formerly 46 U.S.C. App. § 688) is a federal law that gives an injured seaman the right to sue their employer for negligence, with a jury trial. Unlike a land-based worker limited to workers' compensation, a seaman can pursue a full negligence claim if the employer's carelessness — or a co-worker's — played a part in the injury. The standard of proof of causation in these cases is relaxed: even a small role by the employer's negligence in causing the injury can be enough (a standard the Jones Act borrows from the federal railroad-worker law, FELA, as explained in CSX Transportation, Inc. v. McBride (2011)).

Who qualifies as a "seaman"?

A "seaman" is a worker whose duties contribute to a vessel's function and who has a connection to a vessel (or fleet) in navigation that is substantial in both duration and nature. That is the test from the U.S. Supreme Court's decision in Chandris, Inc. v. Latsis (1995). Courts often use a rule of thumb that a worker who spends less than about 30% of their time in service of a vessel usually is not a seaman — but it is only a guideline, and seaman status depends on the facts. Deckhands, engineers, processors on catcher-processors, tender crews, and many other Alaska fishing and vessel workers can qualify.

Maintenance and cure (paid regardless of fault)

If a seaman is injured or falls ill in the service of a vessel, the employer must pay "maintenance and cure" no matter who was at fault. "Maintenance" covers daily living expenses (like room and board) while you recover; "cure" covers reasonable medical care until you reach maximum medical improvement. This duty is owed even if the employer did nothing wrong, and an employer that unreasonably refuses to pay can face additional liability.

Unseaworthiness claims

A vessel owner has a duty to provide a "seaworthy" vessel — one whose hull, gear, equipment, and crew are reasonably fit for their intended use. This duty is absolute and cannot be delegated away, and it does not depend on proving negligence (Mitchell v. Trawler Racer, Inc. (1960), a case that itself involved a fishing-vessel crew member). An unseaworthy condition — defective equipment, an inadequate or poorly trained crew, unsafe procedures — can support a claim separate from Jones Act negligence.

Jones Act vs. Longshore Act — which law applies?

Not every maritime worker is a "seaman." Workers who load and unload vessels, repair or build ships, or otherwise work on the docks and harbor — but are not crew — are generally covered instead by the Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.), a federal no-fault compensation system. Which law applies is one of the most important early questions in a maritime injury case, because it changes what you can recover. We help injured workers determine whether they are a Jones Act seaman, an LHWCA worker, or covered by another framework.

Deaths on the water

When a maritime worker or passenger dies, special federal rules can apply. The Death on the High Seas Act (DOHSA, 46 U.S.C. § 30301 et seq.) provides a wrongful death remedy when a death occurs on the high seas more than three nautical miles from shore. Deaths closer to shore or in state waters may fall under the Jones Act, general maritime law, or Alaska's wrongful death statute — see our wrongful death page. These overlapping rules make experienced legal help especially important for a family after a loss at sea.

Deadlines for maritime injury claims

Most maritime and Jones Act claims must be filed within three years (46 U.S.C. § 30106) — but do not rely on that alone. Alaska's deadline for most land-based injury claims is only two years (AS 09.10.070), and some situations (for example, claims against government vessels or certain contractual limits) can shorten your time significantly. Because the right deadline depends on the facts, talk to a lawyer as soon as possible. See our Alaska statute of limitations guide.

How comparative fault works

Under the Jones Act, a seaman's own share of fault reduces the recovery but does not bar it (pure comparative fault, borrowed from FELA, 45 U.S.C. § 53). If you were partly responsible, your compensation is reduced by your percentage of fault — but you can still recover. Employers and their insurers often try to blame the injured worker, so how the incident is investigated and presented matters.

Why this matters in Alaska

Alaska's economy runs on the water, and its waters are among the most dangerous workplaces in the country. According to NIOSH and the Bureau of Labor Statistics, commercial fishing had a work-related fatality rate more than 40 times the national average (2019), and NIOSH data show Alaska accounted for about 27% of all U.S. commercial-fishing deaths from 2000–2019. Cold water, heavy gear, long hours, remote locations, and severe weather make injuries both more likely and more serious. A firm that understands both maritime law and Alaska's fishing industry can make a real difference.

Why Choate Law Firm

Based in Juneau on Alaska's working waterfront since 1980, Choate Law Firm represents injured mariners and fishing families across the state. Founder Mark Choate (J.D., Seattle University School of Law, 1980; graduate of the Gerry Spence Trial Lawyers College) has tried hundreds of cases to Alaska juries. Partner Jon Choate (J.D., Harvard Law School, 2010; former Manhattan Assistant District Attorney) adds further trial depth. We take maritime cases on a contingency fee and answer calls promptly. Call (907) 586-4490.

Frequently asked questions

Am I a "Jones Act seaman"? Generally yes if your work contributes to a vessel's function and you have a substantial connection to a vessel or fleet in navigation (roughly 30%+ of your time), but it depends on the facts (Chandris v. Latsis). We can evaluate your status.

What is maintenance and cure? Daily living expenses and medical care your employer must pay while you recover from an injury or illness that happened in service of the vessel — regardless of fault.

How long do I have to file? Maritime/Jones Act claims generally have a three-year deadline (46 U.S.C. § 30106), but some claims are shorter and Alaska land injuries are two years. Don't wait.

What if I was partly at fault? You can still recover. The Jones Act uses pure comparative fault — your recovery is reduced by your share, not barred.

A family member died at sea — what applies? It depends on where and how. The Jones Act, general maritime law, DOHSA (beyond three nautical miles), or Alaska's wrongful death statute may apply. We can sort out which.

What does it cost? Nothing up front — contingency fee, paid only if we recover for you.

Sources

Jones Act, 46 U.S.C. § 30104: https://www.law.cornell.edu/uscode/text/46/30104
Chandris, Inc. v. Latsis, 515 U.S. 347 (1995): https://supreme.justia.com/cases/federal/us/515/347/
Maintenance and cure (overview): https://www.law.cornell.edu/wex/maintenance_and_cure
Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (1960): https://supreme.justia.com/cases/federal/us/362/539/
LHWCA, 33 U.S.C. § 901 et seq.: https://www.law.cornell.edu/uscode/text/33/901
DOHSA, 46 U.S.C. § 30302: https://www.law.cornell.edu/uscode/text/46/30302
Maritime statute of limitations, 46 U.S.C. § 30106: https://www.law.cornell.edu/uscode/text/46/30106
NIOSH — commercial fishing safety: https://www.cdc.gov/niosh/fishing/about/index.html

Disclaimer

This page is general information, not legal advice, and does not create an attorney-client relationship. Outcomes depend on the specific facts of each case. Attorneys at Choate Law Firm LLC are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney).