When a maritime injury isn’t covered by the Jones Act, it’s usually because the claimant can’t meet the two-part test for “seaman status”: (1) contributing to a vessel’s function and (2) having a substantial connection to a vessel. This is grounded in the seminal maritime law decision in Chandris v. Latsis, 115 S. Ct. 2172 (1995).
But a recent case from the Southern District of Texas challenged Jones Act coverage for a different reason. The injured mariner was told his case fell under the Outer Continental Shelf Lands Act (OCSLA). He was hurt aboard a drillship struck by Hurricane Ida and filed a Jones Act negligence claim in the 164th Judicial District Court of Harris County, Texas.
Vessel interests responded by trying to remove the case to federal court as an OCSLA case. They argued that under OCSLA, federal courts have jurisdiction over (1) operations on the Outer Continental Shelf involving the extraction of minerals and that (2) plaintiff’s injuries wouldn’t have occurred if not for these operations. They claimed that the mariner fraudulently pleaded a Jones Act claim.
In response, the plaintiff mariner argued that he was injured after these OCSLA-related activities were finished. Ultimately, the court ruled in favor of the mariner, finding that he did not fraudulently plead the Jones Act. The court pointed out that the Federal Rules of Civil Procedure do not permit removal or severance of an action containing a Jones Act claim and a general maritime claim. “Removal” is the act of moving a case from state court to federal court. The case here was sent back to the original state court.
Maybe this reminds us that there are laws other than the Jones Act that cover maritime professionals. There is OCSLA, discussed above, which usually covers oil platform workers and others who work in the Outer Continental Shelf region. There is also the Longshore and Harbor Workers’ Compensation Act (LHWCA), which covers cargo terminals, shipyards, and marine construction sites. While maritime settings could appear similar at first glance, sometimes it takes a closer look to determine which law fits best.
Ref: Clapp v. Halliburton Energy Services, Inc., No. 4:2024cv03550 (S.D. Texas 2025)
