Jones Act - Marine Workers' Injury & Cabotage Law
In certain instances, the government issues waivers to specific provisions of the Jones Act. This occurred most recently in November 2012, in the wake of Hurricane Sandy. This waiver was issued to boost the supply of fuels to the east coast.
The Jones Act establishes the Secretary of Transportation and the Federal Maritime Commission as the regulatory entities of this law. Additionally, the Act includes a provision wherein the Secretary of Transportation may set up insurance funds from insurance premiums and revenue from operation and sales.
This law also addresses the rights of U.S. seamen when they are injured or killed as a result of their employment. It is very similar to FELA (the law already in place for railroad employees), expanding on this established law to include seamen. To qualify as a seaman under this Act, the worker must spend at least 30% of his time in the service of a vessel on navigable waters. The sailor, (or in the case of death, his survivors), may file a claim seeking damages from the ship owner or other responsible parties. Jurisdiction includes federal and state court. Although, once an action has been brought in state court, it may not then be moved to federal court. The injured party may request and receive a trial by jury.
Attorneys handling claims subject to the Jones Act practice cabotage law. This deals with the transport of merchandise and passengers, and navigation and trade in coastal waters. Although originally restricted only to the shipping industry, it now applies to other modes of transportation as well, such as railway, trucking and aviation.
Jones Act Lawyers may assist their clients in filing compensation claims for health care costs and lost wages due to work injuries, and when negligence is a factor (or vessel unseaworthiness), filing personal injury lawsuits to collect damages. This may include pain and suffering. Their clients include dockworkers, tugboat and barge workers, offshore oil and gas rig workers, workboat employees, tanker and cargo ship workers, ferry or water taxi workers, and other inland marine seamen. This area of law is closely related to Maritime Law.
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Jones Act - US
- Jones Act - Admiralty and Maritime Law
The Merchant Marine Act of 1920 is one of three congressional laws commonly referred to as the "Jones Act". Formerly, it was found at 46 U.S.C. Section 688, et seq. and was recently codified in October, 2006 at 46 U.S.C. Section 30104 et seq. The purpose of the Jones Act was to recognize the importance of a strong merchant marine system for national defense, and the growth of foreign and domestic commerce by protecting the mariner. Dating back for many centuries, the shipping industry has long been accepted as vital to the economic existence of countries. It was always important that when a seaman was injured far from home, it was the duty of the ship owner to repatriate the injured worker.
- Jones Act - Maritime Trades Department
The Jones Act is the best known of the nation’s cabotage laws. By calling for movements of water-borne cargoes between U.S. ports by vessels that are American-crewed, -built and –owned, it has enhanced important U.S. security interests and generated many economic benefits.
- Jones Act Cases
Digests and case links to Circuit Court Admiralty Cases that have as an issue the Jones Act.
- Merchant Marine Act of 1920 - Overview
The Merchant Marine Act of 1920 is a United States Federal statute that regulates maritime commerce in U.S. waters and between U.S. ports. It is a cabotage law which also contains provisions regarding seamen's rights.
Jones Act - International
- Application of Cabotage Laws and Jones Act
Outside of the US and Caribbean, the same style of laws that make up the "Jones Act" are called "cabotage laws". Many countries are very strict with these laws that dictate that you cannot embark and disembark within the same country without having visited a foreign country in between. Advance notice for special permits are required for some countries, and they are not guaranteed in advance. Particular information and documentation may be required by the authorities.
Organizations Related to the Jones Act
- Maritime Cabotage Task Force (MCTF)
The Maritime Cabotage Task Force (MCTF) is dedicated to educating America on the economic, national security, environmental and safety benefits of the Jones Act and other U.S. cabotage laws so that domestic waterborne commerce remains a pillar of our national existence.
- Seafarers International Union
The Seafarers International Union, Atlantic, Gulf, Lakes and Inland Waters District/NMU, AFL-CIO, represents unlicensed United States merchant mariners sailing aboard U.S.-flag vessels in the deep sea, Great Lakes and inland trades. The union also represents licensed U.S. mariners in the Great Lakes and inland sectors.
Publications Related to the Jones Act
- DHS Announces Expansion of Temporary, Blanket Jones Act Waiver
Secretary of Homeland Security Janet Napolitano today announced the expansion of the temporary, blanket waiver of the Jones Act, issued yesterday, to also facilitate the transportation of feedstocks, blending components, and additives used to produce fuels.
- Jones Act
The Jones Act (Section 27, Merchant Marine Act, 1920) requires cargo moving between U.S. ports be carried in vessels that are U.S.-crewed, -built and -owned. Although the law dates from 1920, foreign-flag vessels have been barred from domestic commerce since 1817.
Articles in HG.org Related to Jones Act
- The Longshore and Harbor Workers Act Addresses Workers’ Compensation ClaimsThe Longshore and Harbor Workers Act enables seamen to receive workers’ compensation claims when injured. While not one and the same, both the Jones Act and workers’ compensation award injured seamen monies on the job. With workers’ compensation, employees simply need to be injured on the job to receive medical and financials benefits.
- Difference between Initial Jones Act Settlements and a Fair Value of DamagesFor Jones Act settlements, many injured seamen are quick to take any offer given by their employer. A Louisiana maritime attorney in New Orleans can offer advice on a Jones Act claim.
- How the Merchant Marine Act of 1920 May Impact A Maritime Injury ClaimThe Merchant Marine Act of 1920, also known as the Jones Act, is a law that protects injured maritime workers, whom a Louisiana Jones Act lawyer can represent.
- Cruise Ship Accidents & Injuries: Calculating Lost Tips as Part of Wages in a ClaimWorkers injured in cruise ship accidents may recover lost wages if employer negligence is to blame. Tips may be estimated based on averages and income tax returns.
- Louisiana Jones Act Claims: Types of Wrongful Death CompensationWrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.
- OSHA Regulations for Maritime ProfessionsOSHA regulations for maritime professions include rules pertaining to shipyard employment, marine terminals and longshoring. Coast Guard rules may apply to vessels at sea.
- OSHA Safety Standards for Vessels: Ship Fire SafetyThere are OSHA safety standards for vessels that employers must enforce to ensure ship fire safety. Violating standards could result in a Jones Act maritime claim.
- Maritime Lawsuits Resulting from Slips, Trips and FallsMaritime lawsuits can result from seamen being injured by slips, trips and falls while on the job.
- Parties Who Can File Lawsuits for Emotional Distress Under the Jones ActLawsuits for emotional distress can be filed by injured maritime workers and others. On the Gulf Coast, contact a Jones Act maritime attorney at The Young Firm.
- Filing a Jones Act Claim: Accident Reports and Recorded StatementsFiling a Jones Act claim doesn’t necessitate an accident report or a recorded statement. If you’ve been injured at sea, a Gulf Coast maritime attorney can review your case.
- All Admiralty and Maritime Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Admiralty and Maritime including: boating, cruise and commercial ship accidents, Jones Act and ship registration.