Does the injured plaintiff’s work have a “substantial connection” to a vessel in navigation?
This question is trickier than the first. Fortunately, the U.S. Code tells us that a watercraft merely must be “capable of being used as a means of transportation on water” to be considered a vessel “in navigation.” Determining the “substantial connection” aspect of the question is the tricky part.
Practitioners have a rule of thumb that if at least 30% of a worker’s time is spent in service of a navigable vessel, then the worker has a “substantial connection.” However, this is merely a practitioner’s guideline. The 30% rule of thumb is not the rule of law. The “substantial connection” test is applied case-by-case and is informed by specific (and ever-changing) Jones Act case law. If a plaintiff spends less than 30% of her or his time in service of a navigable vessel, she or he may still have standing under the Jones Act. At the same time, spending at least 30% of one’s time in the service of a navigable vessel does not guarantee standing.
In order to get a more clear answer on this standing issue, it’s important to consult and/or refer such matters to experienced Jones Act lawyers. Wilkins Schneller Law can help. Call us at 314-588-8000 for a free consultation.