What is the Jones Act?

 

The Merchant Marine Act of 1920, which is informally known as the Jones Act, impacts the maritime industry and workers in the United States. Its primary focus of the law is to ensure that domestic shipping remains under the control of this country instead of foreign entities.

This law was enacted as a response to economic and security concerns raised by World War I. It includes several provisions that apply to all domestic shipping activities.

The act stipulates cargo transported by water between two ports in this country must be transported on ships that meet the following requirements:   

  • Built in this country
  • Owned by a citizen
  • Crewed by citizens or permanent residents
  • Registered under the U.S. flag

This helps to protect and support jobs throughout the maritime industry and some supporting industries, which include shipbuilding, maintenance, crewing, and other maritime sectors.

What protection does the Jones Act provide?

The Jones Act includes protection for seamen by implementing safety expectations, as well as responsibilities for vessel owners and operators if a seaman suffers an on-duty injury.

It encourages employers to maintain safe vessels. Seamen on these vessels typically aren’t covered by workers’ compensation. The Jones Act offers them a way to receive compensation if they suffer an injury.

Injured seamen can bring legal claims against their employer for damages if negligence was involved in the incident. The same is true if the vessel wasn’t considered seaworthy.

An injured seaman can seek maintenance and cure from their employer. Maintenance means that the employer is responsible for basic living allowance while the worker heals. Cure means the employer covers the injured seaman’s medical bills for the incident.

Who is covered under the Jones Act?

Only seamen who meet specific requirements have the protection of the Jones Act. All three conditions must be present:

·       Spends at least 30% of their time on a vessel navigating on U.S. waters

·       Is employed by the vessel’s owner or operator

·       Contributes to the function of the vessel or fleet while in navigation

Examples of maritime workers considered seaman under the Jones Act:

  • Captains
  • Deckhands
  • Engineers
  • Fishermen
  • Cooks and chefs
  • Staff members essential to vessel operation

·      One important distinction to remember is longshoremen and dockworkers aren’t provided any protections under the Jones Act. Vessel employees who aren’t onboard while underway for at least 30% of their work hours don’t qualify for Jones Act protection.

An injured seaman must file a legal claim against their employer to take advantage of the Jones Act. Some employers may try to offer the seaman a deal, but that’s not always in the injured worker’s best interest. It’s best for an injured seaman to consult a Jones Act lawyer who can explain their options and help them assert their rights.