Asbestos Maritime Claims (Jones Act)
For decades, maritime workers were exposed to deadly asbestos fibers without warning. They lived aboard ships lined with asbestos insulation, worked in engine rooms packed with asbestos-laced gaskets and piping, and breathed contaminated air during routine maintenance—never knowing the risk.
Today, thousands of former seamen, shipyard workers, and merchant mariners are living with diseases like mesothelioma, lung cancer, and asbestosis—all tied to asbestos exposure aboard ships.
The law protects them.
Under a federal law known as the Jones Act, maritime workers have the right to seek compensation if their illness was caused by unsafe working conditions—including exposure to asbestos. This law holds shipowners and maritime employers accountable for failing to provide a safe work environment.
A Lesson Written in Fire: The SS Morro Castle
The widespread use of asbestos on ships began after tragedy. In 1934, the luxury liner SS Morro Castle caught fire off the coast of New Jersey, killing 137 passengers and crew. The flames spread rapidly due to the ship’s flammable interiors—and Congress took notice. By 1937, U.S. law required fireproof construction on all new passenger ships. Learn more about the Morro Castle tragedy »
Shipbuilders turned to asbestos for its heat resistance and fireproofing qualities. But while it may have prevented fires, it introduced a slow-burning crisis of its own. The very material used to save lives in emergencies would later take thousands of lives through long-term occupational exposure.
Where Was Asbestos Found on Ships?
Asbestos was used in nearly every corner of American ships—from engine rooms to officer quarters. It insulated pipes, lined walls and ceilings, and helped fireproof machinery, kitchens, and living spaces. Common asbestos materials included:
Pipe insulation and boiler wrap
Gaskets and engine seals
Marinite joiner panels for bulkheads and cabins
Fireproof flooring, adhesives, and wallboard
Wiring insulation and electrical panels
Soundproofing in staterooms and corridors
Learn more about the kinds of products made with asbestos.
We Help Maritime Workers and Families Get Justice
If you or a loved one worked in the maritime industry and later developed an asbestos-related illness, you may be eligible for significant compensation under the Jones Act.
Our firm has helped countless families hold negligent employers accountable for asbestos exposure at sea. We’ll guide you through every step of the legal process—with clarity, compassion, and experience.
📞 Call 833-4-ASBESTOS or schedule a free consultation online.
There’s no cost to speak with us, and no fee unless we win your case.
The Morro Castle fire changed shipbuilding forever.
If asbestos exposure changed your life, we’re here to help.
What Is the Jones Act?
The Jones Act is a federal law that gives maritime workers the right to sue their employers if they get sick or injured because of unsafe working conditions—including asbestos exposure.
Passed as part of the Merchant Marine Act of 1920 (46 U.S.C. § 30104), the Jones Act empowers seamen to recover full compensation from negligent shipowners, shipbuilders, and maritime employers. That includes people who worked:
On commercial cargo ships
On oil tankers or Navy vessels
In shipyards, dry docks, or repair yards
On company-owned vessels while working for refineries, chemical plants, or energy companies
Unlike workers’ compensation systems, which limit damages, the Jones Act gives seamen the right to hold their employers fully accountable in court.
Even if you spent part of your time working on land, you may still qualify under the Jones Act if you spent at least 30% of your working hours aboard a vessel.
Why Was the Jones Act Created?
Before the Jones Act, injured seamen had almost no legal protection. They were considered “wards of the admiralty,” with no right to sue their employers—even when they were clearly at fault.
That changed in 1920.
Congress recognized that maritime work was especially dangerous—whether from stormy seas, faulty equipment, or exposure to toxic materials like asbestos. The Jones Act was passed to fix that injustice. It gave seamen the same basic rights as land-based workers: the right to a safe workplace, and the right to compensation when that safety is violated.
Over the years, the Jones Act has become a cornerstone of maritime law—especially for workers facing asbestos-related diseases like mesothelioma and lung cancer.
Why Must Maritime Claims Be Filed Under the Jones Act?
If you’re a maritime worker—or a family member of someone who was—you might wonder:
Why can’t we just file a regular lawsuit or workers' compensation claim?
The answer is simple: Federal law trumps state law -
Because they work on navigable waters, their rights are governed by federal maritime law, and the Jones Act is the law that protects them.
The Jones Act is the exclusive legal pathway for seamen to seek compensation from their employers for asbestos exposure and other on-the-job injuries. It preempts state law and ensures that seamen—no matter where their vessel traveled—have access to the same rights, the same process, and the same level of protection.
Under the Jones Act, you can file your claim in either federal or state court—but the federal law known as the Jones Act itself controls the case.
Key Protections of the Jones Act
Right to Sue for Employer Negligence
Under the Jones Act, maritime workers can sue their employers if negligence played any role in their asbestos exposure. That includes failure to:
Warn workers about asbestos risks
Provide proper protective gear
Maintain safe working conditions
Ventilate enclosed spaces like engine rooms
Example: A shipyard worker develops mesothelioma after decades spent in asbestos-lined engine compartments. If the employer failed to provide safety equipment or warnings, they can be sued for negligence under the Jones Act.
Maintenance and Cure — Even Without Employer Negligence
Under the Jones Act, employers are required to support sick or injured seamen through a doctrine known as “maintenance and cure.” This is a no-fault obligation—meaning the employer must help even if no one did anything wrong.
It’s similar in spirit to workers’ compensation: the idea that if you get sick or injured while serving your employer at sea, they must help cover your basic needs while you recover. This includes:
Cure: All reasonable medical treatment until you reach maximum medical improvement
Maintenance: Basic living expenses—like rent, food, and utilities—while you’re unable to work
Example: A retired seaman is diagnosed with asbestosis. Even if his employer wasn’t negligent, they may still be required to pay for his medical treatment and day-to-day living costs while he recovers.
Maintenance and cure isn’t just a legal obligation—it’s a reflection of maritime tradition: if a sailor gets sick in service of the ship, the ship must care for him.
Full Compensation for Illness and Injury
One of the most powerful aspects of the Jones Act is that it allows maritime workers to recover full compensation for asbestos-related illnesses—without state-imposed limits on damages.
Because Jones Act claims are governed by federal maritime law, state caps on pain and suffering, wrongful death, or punitive damages do not apply. That means you can pursue the full value of what was taken from you—physically, financially, and emotionally.
Eligible damages may include:
Medical expenses (past and future)
Lost income and future earnings
Pain, suffering, and emotional distress
Diminished quality of life
Wrongful death damages for surviving spouses, children, or estates
Example: A Navy veteran who worked in asbestos-insulated engine rooms develops terminal mesothelioma. Under the Jones Act, he—and his surviving family—can recover not only for the cost of his medical care and lost wages, but also for the years of life cut short, the suffering he endured, and the emotional toll left behind.
The Jones Act is a powerful law that ensures employers are held accountable when they expose workers to deadly conditions like asbestos. It provides not just compensation—but dignity, recognition, and justice for those who served at sea.
If you or a loved one worked in the maritime industry and developed an asbestos-related illness, we can help you pursue a claim under the Jones Act and fight for everything you're owed.
Who Is Eligible to File a Jones Act Claim for Asbestos Exposure?
To qualify for compensation under the Jones Act, a worker must meet two kinds of eligibility:
Legal eligibility — they must qualify as a seaman under maritime law
Medical eligibility — they must have developed an asbestos-related illness
Let’s look at both.
Legal Eligibility: Who Counts as a “Seaman”?
The Jones Act protects only workers who qualify as seamen. That means:
You contributed to the mission or function of a vessel
You spent at least 30% of your working time aboard a vessel (or fleet of vessels) in navigation
This includes many engine room mechanics, deckhands, electricians, stewards, and merchant seamen—but excludes most dockworkers, shipyard employees, and land-based support staff.
Key point: The vessel must be "in navigation"—meaning afloat, capable of moving, and not permanently moored or out of service.
Medical Eligibility: You Must Have an Asbestos-Related Diagnosis
A worker must also have a confirmed diagnosis of an asbestos-related illness, such as:
A history of exposure without illness isn’t enough to bring a claim under the Jones Act.
Why Take-Home Exposure Isn’t Covered
The Jones Act does not cover family members who developed an illness due to secondhand exposure—such as through asbestos fibers brought home on work clothes. These individuals aren’t considered seamen under the law.
However, they may have legal options through other claims like asbestos lawsuits and asbestos trust claims. Our firm can help assess those options separately. Learn more about legal options for family members of maritime workers.
Examples of Who Is and Isn’t Eligible
Eligible Under the Jones Act
Mike worked as an engine room mechanic aboard a cargo vessel. He maintained asbestos-insulated machinery for years and was later diagnosed with mesothelioma.
Mike qualifies as a seaman and can sue his employer under the Jones Act for failing to provide warnings or protective gear.
Not Eligible Under the Jones Act (But May Have Other Claims)
Sarah, Mike’s wife, washed his dusty work clothes and was exposed to asbestos at home. She later developed asbestosis.
Sarah is not a seaman and can’t file under the Jones Act, but she may still have a product liability or asbestos trust claim.
Tom worked as a dockworker loading cargo from the pier. Although near ships, he didn’t work aboard them.
Tom doesn’t qualify for the Jones Act—but he may be eligible under the Longshore and Harbor Workers’ Compensation Act (LHWCA) and he may also be eligible for asbestos trust claims.
Why Eligibility Matters
The Jones Act offers powerful protections—but only to those who meet its definition of “seaman.” If you don’t qualify, you may still have strong legal options under other maritime or state laws.
Our attorneys can help determine which laws apply to your specific situation and guide you to the best possible recovery.
Call 833-4-ASBESTOS or schedule a free consultation online.
What Must You Prove in a Jones Act Claim?
If you were exposed to asbestos while working at sea, you don’t need to prove your employer was entirely at fault—or that the ship was the only source of exposure. Under the Jones Act, even a small act of negligence that contributed to your illness is enough.
This lower standard is known as the "featherweight burden"—and it gives maritime workers a real chance to recover compensation in situations where traditional tort claims might fail. There are two main things you must prove to win a Jones Act lawsuit:
Negligence by Your Employer
Your employer didn’t provide a safe workplace. This could mean:
No warnings about asbestos
No protective equipment
No training on how to avoid exposure
Under the Jones Act, you only need to show that your employer’s negligence played any role—no matter how small—in causing your illness. That’s a much lower standard than traditional personal injury law, which requires proving that negligence was the primary cause of your harm.
Resulting Damages
You must also show that you suffered harm—such as:
A confirmed diagnosis of an asbestos-related disease
Medical expenses
Lost wages or reduced ability to work
Pain, suffering, or diminished quality of life
The Jones Act acknowledges that maritime workers face unique hazards—and it reduces the legal burden accordingly. That featherweight standard often makes the difference between a successful case and one that would otherwise be denied.
Hypothetical Example: Winning Under the Jones Act
Traditional Tort Law
Maria spent 20 years in industrial jobs. During a two-week stint aboard a cargo ship, she occasionally replaced asbestos gaskets—but the majority of her exposure occurred on land.
Under traditional tort law, Maria’s case would likely fail. Her shipboard exposure was brief and might not be considered a “substantial factor” in causing her illness.
Under the Jones Act
Maria only needs to show that her employer’s negligence contributed in any way to her asbestos exposure.
Because the shipowner didn’t warn her about asbestos, didn’t provide protective gear, and assigned her to work near crumbling gaskets, that two-week exposure is enough to meet the featherweight burden. Maria could recover compensation—even though most of her exposure happened elsewhere.
How Are Jones Act Claims Different from Other Asbestos Claims?
If you’re a maritime worker diagnosed with an asbestos-related illness, you may have more than one path to compensation. The Jones Act is a powerful tool—but it’s not the only one. Depending on your job role and how the exposure occurred, you might also qualify for workers’ compensation or product liability claims.
Understanding how these claims differ—and how they can sometimes be combined—can significantly increase the compensation available to you and your family.
Jones Act Claims: Suing Your Employer for Negligence
The Jones Act gives seamen the right to sue their employers if negligence contributed in any way to asbestos exposure. This law provides a key advantage: the “featherweight burden of proof”, which means workers only need to show that their employer’s actions contributed, even slightly, to their illness.
Example: John, a ship’s electrician, developed mesothelioma after years of working around asbestos-insulated wiring. His employer never provided protective gear or warnings. Under the Jones Act, John filed a negligence claim against the vessel owner and recovered compensation.
Workers’ Compensation: For Non-Seamen
If you don’t qualify as a seaman, you may be covered by:
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
Or a state workers’ compensation program (for shipyard workers, dockworkers, etc.)
These systems offer no-fault benefits—you don’t have to prove negligence—but compensation is more limited. Pain and suffering, for example, is not recoverable.
Example: Tom, a dockworker, was exposed to asbestos while loading cargo near insulated piping. Because he worked exclusively on land, he didn’t qualify under the Jones Act—but filed a successful LHWCA claim for medical costs and partial wage loss.
Product Liability Claims: Suing the Manufacturer
Regardless of seaman status, any maritime worker exposed to asbestos-containing products may also have a product liability claim against the companies that made or sold those materials. These cases target the manufacturer, not the employer—and often involve claims of:
Failure to warn
Defective design
Marketing hazardous materials without adequate safety instructions
Example: Maria, a ship repair technician, handled asbestos gaskets and insulation aboard several vessels. She filed a Jones Act claim against her employer and separate product liability lawsuits against the gasket and insulation manufacturers.
Why Claim Types Matter
Most workers don’t just file one claim—they file multiple claims, each targeting a different responsible party.
The Jones Act holds employers accountable
Workers’ comp fills gaps for non-seamen
Product liability takes aim at the companies that made the deadly materials
We help you navigate all of them—so no opportunity for justice or compensation is left behind.
Combining Claims for Maximum Compensation
When it comes to asbestos exposure, you don’t have to choose just one legal path. Many maritime workers qualify for multiple types of claims—each targeting a different responsible party.
By combining these claims, you can:
Maximize compensation
Hold every liable company accountable
Tap into different sources of recovery—without waiting years for a single outcome
Real-World Example: How Our Firm Would Help Clarence Borel Today
Clarence Borel was an insulation worker on the Gulf Coast whose landmark 1973 case—Borel v. Fibreboard—became the first successful asbestos product liability lawsuit in the United States. His case helped establish that manufacturers could be held legally responsible for failing to warn workers about the dangers of asbestos.
Read more about Clarence Borel and his legacy »
Borel spent years insulating equipment at the Texaco refinery in Port Arthur, Texas—a facility we're familiar with because our firm has represented seamen who worked aboard ships making deliveries there. These vessels often carried oil, chemicals, or industrial materials, and many had asbestos insulation in their engine rooms, boiler spaces, or cargo handling areas.
If Clarence had spent at least 30% of his time aboard those ships—whether performing insulation work while docked or while the vessels were underway—he could have qualified as a Jones Act seaman. And that would have opened the door to him using the law's "featherweight" burden of proof against the owner of the ship he worked on. We would also be able to use the following tools to help the Borel family today:
Product Liability Lawsuits
Because the manufacturers of the products Clarence actually worked with have setup asbestos trusts, Clarence wouldn’t be able to sue them directly. But that wouldn’t necessarily be the end of his case product liability lawsuit.
Our firm would investigate what other asbestos products were on-site, which companies were still solvent, and what equipment manufacturers might have used asbestos components without providing warnings. These remaining manufacturers could be sued under modern product liability laws for failing to warn or for defective design.
Premises Liability Lawsuit
Because Clarence was a contractor, not a Texaco employee, he could still file a premises liability lawsuit against the refinery (now Chevron) for exposing him to dangerous conditions without adequate warnings or safety measures. Texas law allows contract workers to sue property owners if the owner knew about a hazard like asbestos and failed to protect workers who were brought onto the site.
Workers' Compensation Claim
Clarence worked for Fuller-Austin, a contractor that sent him to various industrial sites. If Fuller-Austin carried workers' compensation insurance during his employment, he could have filed a workers’ comp claim for his asbestos-related illness. This would provide access to medical benefits and partial wage replacement—regardless of fault. In Texas, workers' comp claims often exist alongside other claims, including trust and premises cases.
Asbestos Trust Claims
Since companies like Owens Corning, Johns-Manville, and Pittsburgh Corning went bankrupt, Clarence would be eligible to file asbestos trust claims against the trust funds those companies created. Each trust would compensate him for his exposure to their specific products—even decades after his exposure. These claims can be filed without going to court, and in some cases mesothelioma claims can be approved in as little as 30 days.
Social Security Disability Insurance (SSDI)
Because mesothelioma is a fast-moving and terminal disease, Clarence would likely qualify for Social Security Disability benefits, often under the Compassionate Allowances program, which speeds up approval for certain serious conditions. We frequently help clients apply for SSDI alongside legal claims to ensure they receive all available financial support.
Why Trust Us with Your Jones Act Claim?
If you’ve been diagnosed with an asbestos-related illness after working at sea, you’re already facing enough. The last thing you need is legal red tape, confusing paperwork, or companies denying responsibility while the clock runs out.
That’s where we come in.
At The Law Offices of Justinian C. Lane, Esq. – PLLC, we bring together deep experience in both asbestos litigation and maritime law. We know how the Jones Act works—and how it fits into a broader strategy to secure every dollar of compensation your family deserves.
What Sets Us Apart
A Comprehensive Legal Strategy
We don’t stop at the Jones Act. We evaluate every possible legal option—product liability lawsuits, asbestos trust claims, and workers’ compensation—to build the most complete case possible. Your case isn’t just a file to us—it’s a mission.
No Upfront Costs—Ever
You never pay us out of pocket. We only get paid if we win your case.
Personalized Support, Start to Finish
From day one, you’ll have a legal team that’s responsive, respectful, and fully invested in your outcome. We handle the paperwork, investigate exposure history, identify the responsible parties, and guide you through every step of the process.
Proven Results
Over the past decade, we’ve recovered nearly $400 million for families affected by asbestos exposure, including complex multi-claim maritime cases.
Learn more about why families choose our firm »
Free Health Testing for Family Members
Asbestos exposure doesn’t always stop with the worker. That’s why we offer free medical testing to spouses, children, and other household members who may have been exposed through take-home asbestos. We’re here for your whole family—not just the claim.
Learn more about our free asbestos health testing »
No Upfront Costs—Ever
You never pay us out of pocket. We only get paid if we win your case.
Take the First Step Toward Justice
If you or a loved one worked in the maritime industry and developed mesothelioma, lung cancer, or another asbestos-related illness, you may be entitled to substantial compensation.
But time matters. Legal deadlines apply, and the sooner we begin building your case, the stronger it can be.
📞 Call us at 833-4-ASBESTOS (833-427-2378) or schedule your free consultation online with the form below.
We’ll listen. We’ll explain your options. And we’ll fight to hold the right companies accountable for what they did.
⚓️ You protected your ship. You supported your crew. You built a life for your family.
Now let us protect yours.
Jones Act Frequently Asked Questions
Who qualifies as a “seaman” under the Jones Act?
To file a Jones Act claim, you must qualify as a “seaman” under federal maritime law. Generally, that means:
You worked on a vessel (or fleet of vessels) in navigation
Your work contributed to the vessel’s mission or operation
You spent at least 30% of your working time on the vessel(s)
This is known as the “30% rule,” and it was established by the U.S. Supreme Court in Chandris, Inc. v. Latsis. Even if you worked partially on land—for example, at a refinery or dockyard—you may still qualify if part of your job involved time aboard ships or barges.
What if I was exposed to asbestos decades ago?
That’s common—and you still may have a valid claim. Asbestos-related diseases like mesothelioma, lung cancer, and asbestosis often take 20 to 50 years to develop. The Jones Act allows you to file a claim once you’ve been diagnosed with an asbestos-related illness—even if the exposure happened long ago, or the company you worked for has changed names or shut down.
We can help trace your work history, identify responsible parties, and file claims against current companies or bankruptcy trusts, depending on your exposure.
Can I still file a claim if I’m retired—or my loved one passed away?
Yes. You can still file a claim if you're retired, and in many cases, your family can file on your behalf if you’ve passed away from an asbestos-related illness. These are called wrongful death claims, and they allow spouses, children, or estates to seek compensation for lost income, medical expenses, and the emotional toll of your loss.
The key is acting quickly—there are strict legal deadlines that vary by state and case type.