A worker hurt aboard a vessel in Houston may have a claim under the federal Jones Act, but only if the worker is a seaman, meaning a crew member whose work is connected to a vessel in navigation. An injured seaman may bring a civil action against the employer with the right to a jury trial, and a maritime personal injury action generally must be filed within three years. Whether a particular worker qualifies is a question for a maritime attorney.
The short version
- Seaman status comes first. In Chandris v. Latsis, the Supreme Court said a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman, as a rule of thumb for the ordinary case.
- The Jones Act allows a lawsuit against the employer. 46 U.S.C. § 30104(a) lets an injured seaman elect a civil action at law, with the right of trial by jury, against the employer.
- Three years is the federal general period. 46 U.S.C. § 30106 sets three years for a maritime personal injury action, and its text opens with “except as otherwise provided by law.”
- The Ship Channel is a working waterway. Port Houston says it owns and operates eight public facilities along the 52-mile Houston Ship Channel.
- Recreational boating is a separate subject. Injuries to recreational boaters on Texas lakes and Galveston Bay are covered in our summer boating article.
Who counts as a seaman under the Jones Act?
A seaman’s connection to a vessel in navigation must be substantial in both duration and nature. In Chandris, the Supreme Court said a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify, as a rule of thumb.
The Court wrote that a seaman “must have a connection with a vessel in navigation that is substantial in both duration and nature.” It said the Fifth Circuit “seems to have identified an appropriate rule of thumb for the ordinary case: a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act.” It added that the substantiality question is decided “by reference to the period covered by the Jones Act plaintiff’s maritime employment, rather than by some absolute measure.” (Chandris, Inc. v. Latsis, 515 U.S. 347 (1995))
The percentage is a starting point, not a verdict. A worker’s duties, the vessels involved and the length of the assignment all bear on the question. For maritime injury claims in Houston, see our maritime law practice in Houston, and expect counsel to test the facts of each job against this test.
What does the Jones Act let an injured seaman do?
Under 46 U.S.C. § 30104(a), a seaman injured in the course of employment may elect to bring a civil action at law, with the right of trial by jury, against the employer. If the seaman dies from the injury, the personal representative of the seaman may make the same election.
The statute uses those words directly: “A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.” The statute’s second sentence applies the federal rules for railway employees to the action: “Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.” How that sentence applies to a particular claim is a question for counsel. (46 U.S.C. § 30104)
The definition has an exclusion as well. Under subsection (b), certain aquaculture workers are not seamen where state workers’ compensation is available to them and other conditions in the subsection are met. If a family member dies, our page on wrongful death suits in Houston and our article on who can file a claim after a fatal accident describe the family’s side of a claim, which the statute addresses through the personal representative. Because the statute covers seamen, a worker who is not a seaman falls outside it, which is why the status question comes first. Our article on work injury claims against third parties is on claims beyond workers’ compensation.
| Rule | What the source says | Source |
|---|---|---|
| 46 U.S.C. § 30104(a) | A seaman injured in the course of employment may elect a civil action at law, with the right of trial by jury, against the employer. | Statute text, govinfo.gov |
| 46 U.S.C. § 30104(b) | Certain aquaculture workers are not seamen where state workers’ compensation is available and other conditions are met. | Statute text, govinfo.gov |
| 46 U.S.C. § 30106 | Three years for a civil action for personal injury or death arising out of a maritime tort, “except as otherwise provided by law.” | Statute text, govinfo.gov |
| Chandris v. Latsis (1995) | A worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman, as a rule of thumb. | Opinion text, Cornell LII |
How long does a maritime injury claim have to be filed?
Federal maritime law sets a three-year period for suing over a maritime personal injury or death, and the statute says that period applies only where no other law provides a different rule. Counsel must decide whether that federal period or another limit governs a particular worker’s claim.
The statute’s words are: “Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose.” The phrase “except as otherwise provided by law” means the three years is a starting point, not the whole answer. (46 U.S.C. § 30106)
Texas uses a two-year general period for personal injury under Civil Practice and Remedies Code § 16.003, and a worker may wonder which one applies. Whether the Texas period applies to a claim governed by federal maritime law is a question for counsel, and the answer can differ from case to case. Our article on a realistic Texas injury case timeline is on the state side, and how Texas personal injury cases are organized gives the general framework. Do not wait to ask.
Which Houston waters and facilities are involved?
Port Houston says it owns and operates the eight public facilities along the 52-mile Houston Ship Channel. It also says it must seek between $50 million and $100 million a year in operations and maintenance funding just to keep the channel at a depth of 46 feet.
Those figures come from Port Houston’s own pages, read on 16 October 2026. The first describes the public facilities and the length of the channel, and the second describes the annual funding and the depth. (Port Houston, Overview; Port Houston, The Houston Ship Channel)
A vessel on the channel and a worker on a facility beside it are not automatically in the same legal position. The seaman test in the first section applies to each, and the answer can differ, for example, between a tankerman aboard a vessel and a shore employee who works at the same terminal. For work on the Gulf and in Galveston Bay, our Galveston maritime injury page is for that area.
What do recent Ship Channel injury lawsuits show?
In late December 2025, a sulfuric acid release at a BWC Terminals facility in Channelview led to a lawsuit by a tankerman who said he was working aboard a vessel on the Houston Ship Channel about 500 feet away. The suit was filed on December 31, 2025. Neither report says the claim is brought under the Jones Act.
Click2Houston, which carried the KPRC report on January 1, 2026, said authorities reported roughly one million gallons of sulfuric acid spilled, and that the lawsuit alleges the company failed to warn nearby workers and properly contain the spill. The filing says the tankerman was “working as a tankerman aboard a vessel on the Houston Ship Channel, approximately 500 feet from Defendant’s facility.” (KPRC 2, “Channelview chemical spill lawsuit alleges safety failures by BWC Terminals,” 1 January 2026)
Houston Public Media reported the same allegations on January 2, 2026, quoting the filing’s statement that “no alarms, warnings, or notifications were provided by Defendants.” The case remains pending, and allegations are not findings. The reports show what an injury to a vessel worker on the channel can look like, but they do not show which law the case will proceed under. (Houston Public Media, “Lawsuit claims worker suffered ‘chemical exposure’ from sulfuric acid leak in Houston Ship Channel,” 2 January 2026) Workers on land near a plant can raise a different set of questions, covered on our workplace injury claims in Houston page. Disputes like this often turn on witness accounts, which our article on witness accounts in Houston crash cases addresses fault, which can be disputed, in our article on talking with your attorney about fault explains.
Does a dock, platform or shore job count?
Not automatically. The Supreme Court said that a maritime worker who spends only a small fraction of his working time on board a vessel is fundamentally land-based and is not a member of the vessel’s crew, regardless of his duties. A dock or shore worker needs its own analysis before anyone assumes the Jones Act applies.
The Court’s wording is direct: “A maritime worker who spends only a small fraction of his working time on board a vessel is fundamentally land-based and therefore not a member of the vessel’s crew, regardless of what his duties are.” That language is why a dock worker, a shore employee and a platform worker are asked the status question separately from a worker whose job is aboard a vessel. Counsel should check each one’s assignments and time on the water. (Chandris, 515 U.S. 347)
Work that shifts between a vessel and land is a common pattern, and the Court’s guidance is that the period measured is the period of the plaintiff’s maritime employment. A worker hurt in a company vehicle on the road faces a different set of rules, which our article on car accidents while working in Texas covers. Our article on maritime law for job-site accidents is on that subject.
How does recreational boating fit into this?
It is a different subject. Our summer boating article covers recreational boating on Texas lakes and Galveston Bay, including the operator’s duties and the reporting rules. This article is about workers injured in the course of their employment, which is the situation the Jones Act’s text addresses.
The statute speaks of a seaman “injured in the course of employment” and of a civil action “against the employer.” A passenger on a day trip is not described by either phrase. Recreational boating claims can still involve maritime questions, and the choice of law is for counsel. Start with the summer boating article for the Texas rules on operator duties, incident reports and intoxication, and see our page for boating injuries. Fault in any boating case is measured by percentage, as our comparative negligence article is on the same subject for Texas claims generally.
What should an injured maritime worker do first?
Get medical care, write down what happened while it is fresh, keep records of the vessel, the employer and the people who saw the injury, and speak with a maritime attorney before giving a recorded statement or signing a release. Those steps protect evidence and time whether or not the Jones Act applies.
If you are not sure whether your work counts as a seaman’s, a Houston personal injury attorney can review the facts before you decide anything, and our article on what to bring to a case evaluation lists what to gather. Start with what a Houston personal injury lawyer does if you are new to the process. If an insurer stalls, what to do when insurance is stalling is on the same problem. Keep copies of everything from the employer, the vessel operator and any insurer, and do not accept a payment before reading about lump sums and structured payments. Photographs of the vessel, the dock and the injury belong in the same file; see the photos worth taking after a crash. Your medical records and any request from an insurance adjuster deserve the same care, and our article on talking to an insurance adjuster before a recorded statement is on the same step in car cases. Ask counsel which deadline to calendar, because the three years in the statute is the federal figure and may not be the one that governs.
Frequently asked questions
More questions and answers are on our FAQ page.
What is the Jones Act?
The Jones Act is the federal statute at 46 U.S.C. section 30104. It allows a seaman injured in the course of employment to bring a civil action at law against the employer, with the right of trial by jury. It applies to seamen, not to every person who works near water.
Who is a seaman under the Jones Act?
The Supreme Court in Chandris v. Latsis says a seaman must have a connection with a vessel in navigation that is substantial in both duration and nature. It also said a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify, as a rule of thumb for the ordinary case.
How long do I have to file a Jones Act claim?
The federal statute at 46 U.S.C. section 30106 sets three years for a maritime personal injury action, and its text opens with “except as otherwise provided by law.” Which limit applies to a particular claim is a question for counsel.
Can a dock worker bring a Jones Act claim?
Not automatically. The Supreme Court described a maritime worker who spends a small fraction of working time on board a vessel as fundamentally land-based. Whether a dock worker is a seaman depends on the facts of the job and the time spent on vessels.
Does the Jones Act cover recreational boaters?
The statute covers a seaman injured in the course of employment. A recreational boating injury on a lake or on Galveston Bay raises different questions, and the summer boating article discusses Texas law on those accidents.
What does Port Houston say about the Ship Channel?
Port Houston says it owns and operates the eight public facilities along the 52-mile Houston Ship Channel. It also says it must seek between $50 million and $100 million a year to maintain the channel’s depth of 46 feet.
Anyone hurt aboard a vessel should write down its name, the employer and the dates of each assignment before speaking with an insurer or a supervisor, and ask how a copy of an incident report can be obtained. The steps in an insurance claim and the rules in the piece on attorney-client privilege explain what to expect next, the Galveston maritime injury page covers bay-side claims, and a seaman with questions about a particular injury can use the contact page.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.