Asbestos was used extensively in the maritime industry for most of the 20th century, and maritime workers remain among the most heavily affected groups in asbestos-related disease litigation today. If you worked as a seaman, shipbuilder, oil rig worker, or other maritime employee and have been diagnosed with mesothelioma or another asbestos-related illness, the Jones Act provides a distinct federal legal pathway to pursue your employer for compensation. Understanding how the Jones Act applies to asbestos exposure, and how it differs from other legal options, is essential before deciding how to proceed.
At The Williams Law Firm, P.C., Attorney Joseph P. Williams has represented Navy seamen and maritime workers with mesothelioma for more than 30 years and has never lost a mesothelioma case. If you were diagnosed with an asbestos-related illness after working in the maritime industry, you may be entitled to significant compensation.
⚠ Time-Sensitive — Statute of Limitations Applies
Jones Act claims must be filed within 3 years. For asbestos diseases, this runs from the date of diagnosis — not when you were exposed.
Over 1,000 families represented. Hundreds of millions recovered. Never lost a mesothelioma case. No fees unless we win.
The Jones Act, officially the Merchant Marine Act of 1920, is a federal statute that extended the protections of the Federal Employers’ Liability Act (FELA) to working seamen. Under the Jones Act, a seaman who is injured or made ill during the course of employment due to the negligence of their employer or a fellow crew member has the right to file a lawsuit against that employer directly, in either federal or state court. This is significant because ordinary workers’ compensation law typically bars employees from suing their employers in tort. The Jones Act creates an exception for maritime workers, giving them access to the civil justice system in ways unavailable to most land-based employees.
To qualify as a “seaman” under the Jones Act, a worker must spend at least 30 percent of their working time in service of a vessel on navigable waters. This includes not just sailors and deck crew, but also engine room workers, cooks, maintenance personnel, oil rig workers on floating platforms, and others whose work is substantially tied to a vessel.
The Jones Act covers virtually all injuries and occupational illnesses that arise in the scope of a seaman’s employment, including diseases caused by workplace exposure to hazardous substances such as asbestos. An employer can be held liable under the Jones Act if its negligence — however slight — caused or contributed to the illness. Unlike the higher negligence standards in many land-based cases, Jones Act negligence can be established with a minimal showing that the employer’s failure to maintain a safe workplace played any part in producing the injury or illness.
Alongside the negligence claim, the Jones Act also incorporates the doctrine of unseaworthiness, which allows a seaman to sue the vessel owner if the vessel was not reasonably fit for its intended purpose. A vessel can be considered unseaworthy even without proof of negligence — for example, if asbestos-containing insulation aboard the ship created an unreasonably unsafe environment that the owner knew or should have known about. The unseaworthiness claim runs against the vessel owner rather than the employer, giving maritime workers two potential theories of liability in many cases.
Asbestos was used throughout virtually every component of ships built before the 1980s. Its heat-resistant and fire-resistant properties made it a standard material in engine rooms, boiler rooms, and throughout a vessel’s mechanical systems. Common locations of asbestos on maritime vessels included pipe insulation and lagging, boiler room insulation, gaskets and packing materials, turbine insulation, bulkhead fireproofing, floor tiles, ceiling panels, engine room wall linings, and equipment housings. Workers in the most hazardous areas, including engine room machinists, pipefitters, boilermakers, and insulation workers, faced the heaviest exposures.
Because ships are enclosed, poorly ventilated environments, asbestos fiber concentrations during maintenance, repair, and insulation work could reach extremely high levels. Maritime workers were exposed continuously during long at-sea rotations, often without any protective equipment or warning about the health risks. Many of the large companies that supplied asbestos products to the shipbuilding industry have since declared bankruptcy and established trust funds. Asbestos installation on ships was not substantially prohibited until 2002, with a complete ban on new installation following in 2011, meaning older vessels in service today may still contain hazardous asbestos materials.
Not all maritime workers qualify as seamen under the Jones Act. Workers who perform maritime-adjacent work but do not spend the required 30 percent of their time aboard a vessel may instead be covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA covers maritime employees, including longshoremen, harbor workers, shipbuilders, and ship repairers, whose injuries or occupational illnesses occur on navigable waters or in adjoining areas such as docks, terminals, piers, or wharves.
The LHWCA provides workers’ compensation-style benefits, including medical treatment and a portion of lost wages, but does not allow the worker to sue their employer in tort the way the Jones Act does. However, LHWCA-covered workers can still file product liability claims against the manufacturers of asbestos-containing materials used in their work. Determining which statute applies requires a careful analysis of your specific employment circumstances, which an experienced maritime asbestos attorney can evaluate.
Yes. If you are a qualifying seaman who was diagnosed with mesothelioma, asbestosis, or another asbestos-related illness caused by exposure during maritime employment, you most likely have grounds to file a Jones Act lawsuit against your employer. The employer can be held liable if it had reason to know about the asbestos risk aboard its vessels and failed to take adequate steps to warn workers or provide protective equipment. Given that the asbestos industry’s concealment of health risks was widespread and well-documented, establishing the employer’s knowledge is often achievable even in cases of remote or decades-old exposure.
Even if your employer has since gone out of business or declared bankruptcy, you may still have legal options. The Jones Act permits suits against successor companies and in some cases against vessel owners even when the employing entity no longer exists. Additionally, asbestos trust funds established by bankrupt product manufacturers may provide compensation regardless of the employer’s status. If a loved one died from a maritime asbestos-related illness, the Jones Act entitles the personal representative of the estate to pursue a wrongful death claim on behalf of surviving family members for funeral costs, lost wages and inheritance, loss of consortium, and other damages.
The Jones Act generally requires that a lawsuit be filed within three years of the date of injury. For asbestos-related diseases, courts have applied the discovery rule, meaning the three-year period runs from the date the worker knew or should have known of their diagnosis and its connection to asbestos exposure — not from the date of the original exposure, which may have occurred decades earlier. This is a critical distinction because mesothelioma has a latency period of 20 to 50 years, meaning many legitimate claims would otherwise be time-barred if the standard accrual rule applied.
Despite the discovery rule, filing sooner rather than later is strongly advisable. Evidence and witness recollections fade, companies dissolve, and trust funds have claims-filing procedures with their own deadlines. If you or a family member has recently received a mesothelioma or asbestos-related diagnosis after maritime work, contact an attorney promptly.
Attorney Joseph P. Williams has spent his career representing victims of asbestos exposure including maritime workers, Navy veterans, and shipyard employees across New York, New Jersey, and beyond. The Williams Law Firm, P.C. handles Jones Act asbestos cases on a contingency fee basis — you pay nothing unless we win. Reach out through our contact form for a free consultation with our asbestos attorneys.
To qualify as a seaman under the Jones Act, a worker must spend at least 30 percent of their working time in service of a vessel on navigable waters. This includes sailors, deck crew, engine room workers, cooks, maintenance personnel, and oil rig workers on floating platforms. Longshoremen, harbor workers, and shipyard workers who do not meet this threshold may instead be covered by the LHWCA, which provides different remedies.
Jones Act claims cover any occupational illness that arises from employment as a seaman, including mesothelioma, asbestosis, asbestos-related lung cancer, and other asbestos-related conditions. The disease does not need to manifest while you are still employed. If you were exposed to asbestos during maritime work and have since been diagnosed with a related illness, regardless of how many decades have passed, your claim may still be timely under the discovery rule.
Yes. The Jones Act claim runs against your maritime employer for negligence, but you can also file separate product liability claims against the manufacturers and suppliers of the asbestos-containing materials used aboard the vessel. Many of these manufacturers have entered bankruptcy and established trust funds. A comprehensive asbestos case often pursues both the employer under the Jones Act and multiple product manufacturers through trust fund claims and direct litigation.
The Jones Act gives qualifying seamen the right to sue their employer in court for negligence, with no cap on damages. The LHWCA provides workers’ compensation-style benefits (medical treatment and a portion of lost wages) without the right to sue the employer in tort. LHWCA covers maritime workers who don’t qualify as seamen, including many longshoremen, harbor workers, and ship repairers who work at docks and shipyards rather than aboard vessels. An attorney can analyze which statute applies to your specific work history.
The Jones Act has a three-year statute of limitations. For asbestos diseases, the clock starts running from the date you knew or reasonably should have known of your diagnosis and its connection to asbestos exposure — not from the date of exposure. Given the 20 to 50-year latency period of mesothelioma, this discovery rule is critical. However, waiting is inadvisable because evidence deteriorates, companies dissolve, and trust fund procedures have their own deadlines. Contact an attorney promptly after any asbestos-related diagnosis.
As the founding partner of Williams Law Firm, Joseph P. Williams has dedicated over 30 years to representing mesothelioma victims and their families. His firm has recovered hundreds of millions of dollars for those affected by asbestos exposure, offering personalized, aggressive legal advocacy. Based in New York, Williams Law Firm provides free consultations and handles cases nationwide.
