Jones Act, seafarer, personal injury, accident, oil rig, liability, seaworthy, seaman Home Publications Articles Jones Act - When is a Worker a "Seaman"? Jones Act - When is a Worker a "Seaman"? In the recent case of Ross v W&T Offshore Inc 2018 WL 6492762 (E.D. La. Dec. 10, 2018) the United States District Court for the Eastern District of Louisiana discussed the criteria applied by the courts when assessing an injured party’s status in respect of claims brought under the Jones Act and general maritime law. Articles Stuart Crozier Published: May 15, 2019 Contact author Download article pdf Background The plaintiff worked as a cook for Bailey's Support Services, Inc. while stationed on an oil production platform in the Gulf of Mexico owned by W&T Offshore Inc (“W&T”) called SS 349- A (the “oil platform”). While working on the oil platform, he slipped and fell on a wet galley floor. The plaintiff alleged that the fall caused severe injuries, and the injuries were a result of the negligence of W&T. The plaintiff alleged that the oil platform constituted a vessel, and he sought to recover damages under the Jones Act and general maritime law on the basis that he was a “seaman”. The suit also raised claims under Louisiana law in the alternative. W&T’s Arguments W&T filed a motion for partial summary judgment in respect of the plaintiff's Jones Act and general maritime law claims arguing: The plaintiff was not a Jones Act seaman because the oil platform was not a vessel. The plaintiff’s unseaworthiness claim brought under the general maritime law should fail because unseaworthiness claims relate to a vessel and the oil platform was not a vessel. The plaintiff's negligence claim brought under general maritime law should fail because the plaintiff could not show a maritime situs or a connection to a traditional maritime activity. Plaintiff's Argument in Opposition The plaintiff argued that due to the hours he worked on other vessels prior to being as