When you are out on the water, your job doesn’t end just because you are not actively working – whether you are resting in your bunk, grabbing a meal or stepping outside for air, life on a vessel doesn’t come with clear time-off boundaries. So if you’re hurt during one of those moments, you might be wondering: Are you still covered?
When are you covered by maritime law?
As someone working at sea, you have protection under the Jones Act or general maritime law — these laws don’t just apply when you are hauling gear or standing watch. Instead, they cover you as long as you’re a seaman assigned to a vessel in navigation and your injury results from your work environment, even if you weren’t technically on duty when it happened.
What counts as “on the job” at sea?
The idea of being “on the job” at sea works differently than it does on land because when your employer assigns you to a vessel, you live where you work, which means courts often view your entire time on the boat as falling within the scope of employment, not just the hours you’re actively doing your job.
If you trip on faulty stairs on your way to eat or get hurt in your sleeping quarters because of poor maintenance, your injury still qualifies. It’s not only about what you were doing at the moment; it’s also about where and why it happened.
What if the injury happens during a break?
Just because you were on a break doesn’t mean you lose your rights. If your injury happened onboard because unsafe or preventable conditions led to it, maritime law likely still applies.
Maybe the deck was slick or equipment wasn’t secured properly. If the vessel was unseaworthy in any way or if your employer failed to provide a safe working environment, your break-time injury still counts, and you have every reason to take it seriously.
Does fault matter if you were off-duty?
Even if you think the injury was partly your fault — maybe you were moving too fast or not paying full attention — you might still have a valid claim. Under the Jones Act, you can recover damages even when you’re partially to blame. What really matters is whether your employer or the vessel played a role in what happened, and if they did, your own mistake doesn’t cancel out your rights.
What should you do if you are injured off the clock?
The moment something happens, say something — even if it feels minor or a little embarrassing — and make a note of what happened, when it happened and what may have contributed to it, like loose stairs, poor lighting or faulty gear.
These details will matter down the line, especially if you’re dealing with pushback later. You don’t have to sort through everything alone, but the steps you take right after the injury will shape what comes next.
Your time off still counts
Being off duty doesn’t mean you are unprotected. If you are hurt during a break, the law may still be on your side, but only if you act quickly and take the situation seriously from the start. The next step is understanding how your situation fits into the bigger picture. You don’t need to have all the answers, but you do need to treat the injury like it matters and be willing to ask the right questions early.