Jones Act - Marine Workers' Injury & Cabotage Law
What is the Jones Act?
The Jones Act is federal legislation that protects American workers injured at sea. Also referred to as the Merchant Marine Act of 1920, this law allows qualifying sailors who have been involved in accidents or become sick while performing their duties to recover compensation from their employers.
Pursuant to the act, negligence claims can be brought when an injury results from the careless acts of an employer or coworker. Ship owners can also be liable if an accident is caused by the unsafe condition of their vessel. And no matter how or why a sailor was injured, certain medical and living expenses must be paid.
Qualifying as a “Seaman”
Not everyone who works on or near the water will meet the criteria of the Jones Act. The law expressly states that it only applies to “seamen,” but unfortunately, it does not provide a functional definition of the term. Thus, maritime attorneys look to the text of court decisions to figure out if a particular crewmember will qualify.
Federal courts have interpreted the term seaman to mean an individual who is assigned to a vessel or fleet that operates in navigable waters, meaning waterways capable of being used for interstate or foreign commerce. The individual must perform work that is related to the vessel’s purpose. As long as it furthers the mission of the vessel, the relative importance of the individual’s job description is not important.
Seaman status under the Jones Act also requires that an employee spend a significant amount of time upon the vessel. One federal court has stated that an employee must spend no less than 30% of his or her time onboard to qualify. While this 30% figure is useful as a rule of thumb, it is by no means determinative. Employees who are unsure if they qualify as seamen should consult a maritime attorney for advice on their particular circumstances.
Claims for Negligence
The most important benefit for those who qualify under the Jones Act is the ability to bring a negligence lawsuit against their employer. By contrast, most land-based employment is covered by workers compensation, which allows injured employees to recover a limited amount of damages, without examining the issue of fault. This may provide a degree of certainty, but without the chance to prove negligence, seamen would be unable to hold their employers fully accountable.
Negligence occurs when an employer or coworker takes unreasonable risks and a seaman is injured as a result. The wrongfulness of the conduct is highly relevant, and helps determine how much money the seaman will receive. These lawsuits not only compensate the victim, they deter employers from ignoring the safety of their workers.
Once an injured seaman has established negligence, he or she can ask the jury to award several types of damages. These fall into two categories, economic and non-economic. Economic damages compensate for things like past and future medical expenses, lost wages, and loss of earning capacity. Non-economic damages are meant to pay for pain and suffering, and to punish the employer in cases involving egregious conduct.
Liability for Unseaworthy Vessels
Sometimes the substandard condition of a vessel is to blame for a seaman’s injury, rather than the direct actions of the employer or someone else onboard. In these situations, the “unseaworthiness” doctrine applies. The owner or entity in control of a vessel has a legal duty to ensure it is in safe working order, properly equipped, and operated by a competent crew. If any of these responsibilities are not met, and a seaman gets hurt, the owner will be liable in tort. This means the victim can recover the same types of damages available in a negligence lawsuit.
Right to Maintenance and Cure
The doctrine of maintenance and cure differs from the other methods of obtaining compensation, primarily because it does not take the conduct of the employer or ship owner into account. In this respect, maintenance and cure resembles onshore workers compensation. All the seaman must prove is that the injury or sickness is work-related.
A claim for maintenance and cure is easier for a seaman to prove, but the recoverable damages are far less extensive. Seamen must be paid a daily allowance to cover living expenses while they heal. Payment for medical expenses is also included, and must continue until the seaman reaches maximum medical improvement. It is important to note that these benefits, while modest, can be collected in addition to any recovery for negligence or unseaworthiness liability.
Retaining a Jones Act Attorney
Jones Act claims are considered a niche, even among attorneys who have already narrowed their practice to maritime law. If you have been injured or contracted an illness at sea, your case needs to be handled by a specialist. Contact a Jones Act attorney to learn about your right to compensation.
Copyright HG.org
Articles in HG.org Related to Jones Act
- Full Compensation for Offshore Injuries: Jones Act Negligence and UnseaworthinessIn most cases, even when offshore employers agree to pay maintenance and cure benefits, these benefits will fall far short of meeting injured workers’ financial needs. To recover full compensation for their injury-related losses, seamen must consider pursuing additional claims for unseaworthiness and Jones Act negligence.
- FAQS about the Jones Act and Other Maritime LawThere are many questions to be asked about the Jones Act and Maritime Laws. These involve seamen that may be injured in the line of duty or during usual job duties.
- The Real Risks Offshore Workers Face on a Daily BasisOffshore workers face numerous risks on a daily basis. When these risks lead to on-the-job injuries, the physical, financial and emotional consequences can be devastating for injured workers and their families.
- Your Rights after a Tugboat AccidentIf you were injured on a tugboat, it is important to speak with an experienced maritime attorney about your rights. The Jones Act, maritime negligence laws and the law of unseaworthiness may all entitle you to financial compensation.
- Commercial Fisherman and the Jones ActMany in the commercial fishing industry are prone to a high frequency of injuries and even death. The most common causes of injury and fatalities on commercial fishing vessels occur due to falling overboard, drowning, hypothermia, and equipment malfunctions. Most fishermen don’t realize that the Jones Act covers them when they suffer injuries at sea. Fishermen and other seamen that suffer injuries at sea are not covered by the traditional workers’ compensation laws.
- Suing Owners of Vessels and Limited LiabilityUnder the Jones Act, an individual who suffers injuries while working at sea is entitled to sue the employer and owner of the vessel for injuries that are the result of negligence. The individual working at sea is called a “seaman” and individuals who are crew members to captains of vessels fall into this category. Even part-time seamen who spend 30 percent of their time at sea qualify under the act. There are multiple ways where vessel owners will try to limit their liability.
- Proving Negligence for Seaman Injuries Under the Jones ActIndividuals who work at sea are considered seamen for the purposes of the Jones Act. These individuals must spend a significant amount of the time they are employed at sea working on a vessel or boat. The Jones Act is a federal law, passed in 1920 that gives seamen, from crew members to captains, who suffer injuries or even death the right to sue their employers for damages under state or federal law.
- When Can an Injured Seaman Recover Money Damages Under the Jones Act?A seaman may be entitled to money damages in a maritime accident. The Jones Act, found at 46 U.S.C.A. §688 (46 U.S.C. 30104), allows for a seaman to recover for injuries suffered during the course of his employment while at sea. The family of a seaman who is killed during the course of his employment may also file a suit under the Jones Act. Whether the injured party is able to recover will depend upon the actions of the those who control the ship.
- Can You be a "Seaman" and Covered under LHWCA at the Same Time?In Maritime law, I have personally witnessed crew members of a vessel receiving benefits under the LHWCA while seeking a lawyer for maintenance and cure under the Jones Act. Many lawyers incorrectly assume classification as a "Longshore Harbor Worker" excludes "Seaman" status under the Jones Act. While this would seem a logical inference, logic does not live in a vacuum. With changing circumstances, an inference can change.
- New 5th Circuit Case Affects Rights of Seaman Injured while at SeaMaintenance and cure are damages that have been recognized in Admiralty law for hundreds of years. Maintenance and cure damages allow for support of a seaman who was injured or falls ill while at sea. The support must be paid by the employer. What happens if the seaman falsely reported that he had no pre-existing injuries to his employer on his job application? Can the employer seek restitution for money paid for injuries the seaman failed to disclose? This article addresses these questions.
- 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.
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".
- 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
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.
