When a merchant mariner is diagnosed with mesothelioma, asbestosis, or asbestos-related lung cancer after a career at sea, the legal picture differs from a shoreside worker’s. Seamen are covered by a body of federal maritime law with its own doctrines — and, separately, a mariner may have the same kind of civil asbestos claim any exposed worker does. This page explains both, as background.

Maritime Law Protections for Seamen (background)

Two longstanding federal maritime doctrines are worth understanding:

  • The Jones Act (Merchant Marine Act of 1920, 46 U.S.C. § 30104) allows a seaman to bring a negligence claim against an employer for failing to provide a reasonably safe place to work. Its negligence standard is notably worker-friendly.
  • Unseaworthiness (general maritime law) holds that a vessel owner owes a duty to provide a ship reasonably fit for its purpose.

These are features of maritime law explained here so mariners understand the legal landscape they served under.

The Civil Asbestos Claim — An Asbestos Attorney’s Focus

Separately, and like other workers exposed to asbestos, a merchant mariner may have a civil claim against the companies that allegedly manufactured or supplied the asbestos insulation, gaskets, packing, and other materials used aboard — including claims against the asbestos bankruptcy trusts those companies established. This civil product claim is the focus of an experienced asbestos attorney, who can review the exposure history from the ships a mariner sailed and the dates of service and diagnosis. Deadlines are strict and vary by circumstance, so the sooner the history is reviewed, the more options remain open.

Merchant Mariner Veteran Status

WWII merchant mariners were recognized as veterans in 1988. A qualifying WWII mariner — or a surviving family member — may be able to obtain a discharge record and file for VA benefits. A VA claim is filed directly with the VA, and it is separate from any civil claim; the two are not mutually exclusive.

For Families

If you lost a merchant mariner to mesothelioma or another asbestos-related disease, surviving family may have a legal claim of their own — a separate matter with its own deadline. These are often reviewed years after a mariner’s service, because the diseases surface decades after exposure. If you served at sea and have been diagnosed with an asbestos-related disease — or lost a loved one who did — an experienced asbestos attorney can review the exposure history and the civil claim that may be available.