Practical Examples of ‘Vessels’ in Seaman Status Disputes

What constitutes a vessel is a fundamental question that leads to qualifying a maritime worker as a seaman. As common sense as it may seem, this dispute can be rather complicated under certain circumstances. Aboard what type of marine structure do you work? 

Types of Vessels in Personal Injury Cases

Following a personal injury of a crewman, the vessel status question will inevitably arise because this has a huge impact on whether the crewman will qualify as a Jones Act seaman, which, in turn, impacts the injured crewman’s ‘trinity of remedies’. Let’s have a look at some practical examples from court decisions involving different types of structures.

Barges, for instance, are considered vessels even though they have no means of self-propulsion.  Drydocks used in vessel repair and construction, on the other hand, are not considered vessels because they are usually permanently affixed to the shore and are not in navigation.

Another difficult question arises when a vessel has been taken out of navigation. The answer on whether a vessel removed from navigation is still a vessel usually depends on whether the vessel is changed so much that it no longer has a navigation function.  For example, a steamboat that once sailed but had her engines and boilers removed was found not to be a vessel. However, a vessel that is taken out of navigation temporarily for repairs is still considered a vessel.  

Specialized structures used in oil and gas production cause perhaps the most confusion.  For example, semi-submersible drill rigs and oil storage barges have been found to be vessels. However, fixed oil and gas platforms are not vessels.

Does Your “Vessel” Affect Your Seaman Status?

If you are a member of the crew of a pushboat or an offshore supply vessel, you surely have an employment connection to a vessel. But if you spend your time mainly on specialized structures for oil and gas production, know that those are more difficult to define. 

As you can see, whether or not a structure is a vessel is not as straightforward as it may seem, but this determination plays a huge part in qualifying for your seaman’s rights and remedies.  So, it is important to consult with a knowledgeable maritime personal injury attorney to fight these battles.

Moreover, if you are a Jones Act seaman, you have the right to assert certain claims against your employer. Learn more about the Jones Act negligence.