What is the Jones Act? Jones Act Information

What is the Jones Act?

The Jones Act, or Merchant Marine Act, of 1920 formalizes the rights of seamen on vessels and offshore oil rigs in the waterways of the Unites States, Gulf of Mexico, and in the oceans. These rights developed from the already present laws governing workers in the railroad industry.

The Jones Act was adopted in June of 1920 and codified on October 6, 2006 as 46 U.S.C. §30104. Concerning the rights of seamen, the Act states:

A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.

This section allows U.S. seamen to bring action against their employer for negligence or claims of the ship’s unseaworthiness. Together with an experienced maritime attorney, the injured seamen may be able to recover complete damages—beyond those of basic worker’s compensation—for his injuries.

An important first step the courts will take when presented with a Jones Act case is to determine the worker’s status as a seaman. Injured workers must prove that they spend more than 30% of their work with the vessel in navigation as well as demonstrate their contribution to the ship’s functionality. The courts will also examine the seaman’s entire relationship with the vessel rather than simply the circumstances surrounding the incident.

In addition to fighting for medical expenses, lost wages, loss of benefits, and pain and suffering, a Jones Act attorney can help a seaman fight for “maintenance and cure” from the ship’s owner.

Maintenance provides the seaman with his basic living expenses including rent/mortgage, food, electricity, etc. Cure includes everything the seaman will need to improve his ability to function medically. This can include prosthesis, medication, and wheelchairs.

If you have been injured while working on a vessel or offshore oil rig, you may be able to qualify for compensation under the Jones Act. Contact an experienced maritime injury lawyer to discuss your case and fight for the compensation you deserve.

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