Jones Act Lawsuit: Injured Seamen, the 3-Year Deadline and the 2026 Waiver
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A Jones Act lawsuit is an individual injury case, not a class action: a seaman hurt on the job sues the employer for negligence, with a right to a jury. There is no Jones Act settlement fund and no claim form. The law is in the news for two other reasons — a 2026 shipping waiver tied to fuel supplies strained by the war with Iran, and a Hawaii distillery's constitutional challenge that a federal judge dismissed on January 20, 2026. Neither touches an injured worker's right to sue.
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Reviewed by Leonard Goldberg, Editor · Last updated
What a Jones Act Lawsuit Is
The Jones Act is the Merchant Marine Act of 1920. One part of it, 46 U.S.C. § 30104, lets “a seaman injured in the course of employment” — or the personal representative of a seaman who dies from the injury — bring a civil action against the employer, with the right of trial by jury. It borrows the rules that govern injured railway workers (FELA), so the claim is about the employer's negligence.
A Jones Act claim usually travels with two older maritime claims: unseaworthiness (the vessel or its gear was not reasonably fit) and maintenance and cure. In Atlantic Sounding Co. v. Townsend (decided June 25, 2009) the Supreme Court described maintenance as food and lodging and cure as medical treatment, held that the Jones Act did not take that remedy away, and allowed punitive damages for willful failure to pay it.
A different part of the same 1920 law — the cabotage rule in 46 U.S.C. § 55102 — requires cargo moving between U.S. ports to travel on U.S.-built, U.S.-owned, U.S.-crewed ships. That is the part in the 2026 headlines.
Case Details
Where injury cases are filed. A seaman can sue in federal district court or in state court, and per Cornell's Legal Information Institute the employer is not entitled to remove a Jones Act case from state court to federal court. Each case is its own lawsuit; there is no national docket.
The constitutional challenge. Kōloa Rum Company v. Noem, No. 1:25-cv-00554 (D.D.C.), was filed on February 25, 2025 by a Kauai distillery represented by the Pacific Legal Foundation. It alleged the cabotage rule violates the Constitution's Port Preference Clause and, in an amended complaint, the Due Process Clause. Matson Navigation Company, the American Maritime Partnership and the AFL-CIO's Maritime Trades Department intervened to defend the law. On January 20, 2026 Chief Judge James E. Boasberg granted the motions to dismiss, holding the claim time-barred under the six-year limit in 28 U.S.C. § 2401 and failing on the merits, calling the Act “neutral legislation.”
Status as of October 2026
Shipping waiver: in effect. On March 17, 2026 the Department of Homeland Security issued a limited waiver of the cabotage rule (46 U.S.C. § 55102) at the Department of War's request, for 60 days. It was extended twice. Under the second 90-day extension, which began August 17, 2026, CBP says covered cargo must be loaded before 11:59 p.m. Eastern on November 15, 2026. Each voyage now needs a written vessel availability request and a government review first. Per E&E News, shippers invoked the waiver more than 200 times since March.
Kōloa Rum: dismissed. The district court closed the case on January 20, 2026. We could not confirm from the docket whether an appeal was filed.
Who Counts as a Seaman
Only a “seaman” can bring a Jones Act lawsuit, and the employer usually contests it. In Chandris, Inc. v. Latsis the Supreme Court set a two-part test: you must contribute to the work of a vessel, and your connection to a vessel in navigation (or a fleet) must be substantial in both duration and nature.
The rule of thumb: a worker who spends less than about 30 percent of working time in the service of a vessel in navigation generally does not qualify. Deckhands, tug and barge crews, fishing crews and many offshore workers on vessels are typical claimants. Dock and harbor workers usually are not seamen; their claims run through other systems.
Since a 2022 amendment, aquaculture workers who are covered by state workers' compensation are excluded for injuries on or after December 23, 2022.
What a Jones Act Case Can Pay
What the law allows: Jones Act negligence damages (lost wages and earning capacity, medical costs, pain and suffering), unseaworthiness damages where the vessel was unfit, and maintenance and cure while recovering — owed regardless of fault. An employer that willfully withholds maintenance and cure can face punitive damages under Townsend.
The 3-year clock: under 46 U.S.C. § 30106, a personal-injury or death claim arising from a maritime tort must be brought within 3 years after the cause of action arose.
Jones Act Timeline
- 1
1920 — The Merchant Marine Act
Congress passes the Jones Act: a cabotage rule for shipping between U.S. ports and a jury-trial right for injured seamen.
- 2
February 25, 2025 — Kōloa Rum Sues
A Kauai distillery files No. 1:25-cv-00554 in Washington, D.C., alleging the cabotage rule discriminates against Hawaii's ports.
- 3
January 20, 2026 — Challenge Dismissed
Chief Judge Boasberg grants the motions to dismiss: too late under the six-year limit, and no violation on the merits.
- 4
March 17, 2026 — First Shipping Waiver
DHS waives the cabotage rule for 60 days at the Department of War's request, letting foreign-flag ships carry covered fuel and commodities between U.S. ports.
- 5
August 17, 2026 — Second 90-Day Extension
The waiver is extended again but narrowed: each voyage needs a vessel availability request and review by MARAD and the Department of War.
- 6
November 15, 2026 — Current Loading Deadline
Under CBP guidance, covered cargo must be loaded before 11:59 p.m. Eastern on November 15, 2026 unless the waiver is extended again. Injury claims are unaffected throughout.
Three Things to Watch For
Maritime injuries and a waiver in the news create specific openings:
“Claim your Jones Act settlement” pages
There is no Jones Act class settlement and no fund to sign up for. A site asking for your Social Security number to “check your Jones Act payout” is collecting data, not filing a claim.
Paid “waiver approval” offers
Under the current waiver, a vessel availability request goes directly to the Department of War, MARAD and CBP at their own .mil and .gov addresses. A broker charging to “guarantee” a waiver voyage is selling something no agency sells.
A quick release while you are still hurt
Be careful with any paper signed before you know the extent of an injury — a release can end both your negligence claim and future maintenance and cure. Read it, keep a copy and get independent advice before signing.
Jones Act Lawsuit — Questions People Actually Ask
Did Trump suspend the Jones Act?
Not entirely. On March 17, 2026 DHS issued a limited waiver of the cabotage rule (46 U.S.C. § 55102) for covered commodities, and it has been extended twice; the current extension requires loading before 11:59 p.m. Eastern on November 15, 2026. The waiver does not touch § 30104, so injured seamen can still sue.
What must be met to be considered a Jones Act case?
You must be a seaman injured in the course of employment, suing your employer. Under Chandris, that means contributing to a vessel's work with a connection to a vessel in navigation that is substantial in duration and nature — generally at least about 30 percent of your working time.
What is the current status of the Jones Act?
As of October 2026 it is fully in force for injury claims. The cabotage rule is under a narrowed waiver for covered cargo, and the Kōloa Rum constitutional challenge was dismissed on January 20, 2026.
Can you explain the Jones Act in a simple way?
It is a 1920 law with two jobs. Ships carrying cargo between U.S. ports must be American-built, owned and crewed. And a seaman hurt at work can sue the employer for negligence and have a jury decide.
How long do I have to file a Jones Act lawsuit?
3 years after the cause of action arose, under 46 U.S.C. § 30106. Courts can disagree about when a claim “arose” for illnesses that develop slowly, so do not count on the last possible day.
What is maintenance and cure?
A centuries-old duty of the employer to pay an injured or ill seaman's living costs (maintenance) and medical treatment (cure) during recovery, regardless of fault. The Supreme Court held in 2009 that willfully withholding it can bring punitive damages.
Is there a Jones Act class action I can join?
No. Jones Act cases are filed one seaman at a time in federal or state court. There is no settlement, no administrator, no claim form and no deadline to register.
Does the 2026 waiver affect my injury case?
No. The waiver covers which ships may carry certain cargo between U.S. ports. A crew member injured aboard a foreign-flag ship operating under it raises separate questions about who the employer is — that is a question for a maritime lawyer, not the waiver.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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