The cornerstone of the U.S. merchant mariner’s rights is the Jones Act. It was named for Senator Wesley Jones during the administration of President Woodrow Wilson, and is otherwise known as the Merchant Marine Act of 1920. The Jones Act addresses the construction and manning of vessels as well as legal remedies for injured seamen. Essentially, the Jones Act took the remedies available to railroad workers under the Federal Employers’ Liability Act (FELA) and extended them to merchant seamen. The Jones Act requires that commerce between U.S. ports on the inland and intracoastal waterways be reserved for vessels that are: ▪ U.S. Built ▪ U.S. Owned ▪ Registered under U.S. Law ▪ U.S. Manned The architects of the Jones Act recognized that a strong merchant marine was good for the economy and national security. The legislative intent was that U. S. shipyards would enjoy construction contracts, the treasury would enjoy tax revenues, U.S. merchant mariners would enjoy employment, and U.S. ships would operate under high standards of safety and crew competency. In addition to governing the construction and operation of ships within the United States, the Jones Act codified the remedies of individual merchant mariners in the event of an injury. As an Act of Congress, the Jones Act gives rise to a Federal cause of action, indicating that its planners wished for the application of a uniform standard of liability throughout United States Courts. And it is this part of the Jones Act that most working mariners are familiar with…the legal remedy of an injured seaman, fishermen (legally, a fishermen is a Jones Act seaman). The exclusive class of persons to whom the Jones Act allows recovery is seamen. A seaman is a member of the crew of a vessel, man or woman, or someone assigned to the vessel. To be a seaman, the person’s duties must contribute to the function of the vessel, and he or she must have a connection with the vessel in navigation, and the duration of the person’s connection and nature of the person’s activities with the vessel must evidence that he is a member of the crew. To qualify as a seaman, one must meet the following requirements: (1.) they must contribute to the function of the vessel or to the accomplishment of its mission. (2.) they must have a connection to a vessel in navigation (or to an identifiable group of vessels) that is substantial in terms of both its duration and its nature. Chandris v. Latsis 515 U.S. 347, 368 (1995). Through the Jones Act, an injured seaman can bring a claim for negligence against the employer. Basically, negligence means carelessness…or departure from a standard of care on the part of the vessel that led to a seaman’s injury. Damages that an injured seaman is entitled to include: ▪ Lost wages ▪ Medical expenses ▪ Pain, suffering, and mental anguish You can read the actual text by clicking Text of the Jones Act, which will link you to that page. Back to Top Back to Commercial Vessels |
What Is The Jones Act? A Summary of the Jones Act Injured at Sea - Hurt Offshore - Maritime Injury - Inland Water Injuries - Commercial Divers - Tankermen - Seamen |