The Jones Act

Also, known as the Merchant Marine Act of 1920, the Jones Act serves two important purposes:

• it helps the United States maintain a viable and productive merchant marine in case of war or other national emergency

• it protects the rights of seamen injured in the course of their duties

How does the Jones Act affect seamen?

The Jones Act creates a very generous workers’ compensation scheme for those injured in the course of their duties as seamen.

The Jones Act has two basic parts:

• Maintenance and cure: if you suffer injury or illness in the course of your employment as a seaman, your employer must make maintenance and cure payments.  Maintenance payments should cover the reasonable cost of room and board while you must live ashore.  Cure must cover the cost of the treatments required to get you back to work or until you reach your maximum medical improvement.

• Negligence or unseaworthiness: if your employer caused your injury or illness through negligence—even very slight negligence—you may be entitled to compensation for pain and suffering, future lost wages, and other damages.  If unseaworthiness—the unfitness of vessel or crew for their intended purpose—in any way contributed to your injury, the Jones Act may entitle you to additional benefits.

Maritime law firms can help ensure that your employer pays adequate maintenance and cure, and Jones Act lawyers can almost always show negligence or unseaworthiness if either were a factor in your injury.

Who qualifies?

All seamen injured in the course of their duties qualify for Jones Act benefits.  In 1995, the Supreme Court clarified who falls into the seaman category for the purposes of the Jones Act:

• Anyone who spends a substantial amount of his or her time—30 percent or more—onboard maritime vessels in navigation.

• A seaman does not have to be a laborer, but can be any person who furthers the mission of a vessel while assigned to that vessel or fleet of vessels.

• The employee does not even have to be aboard the vessel at the time of the injury.

• Vessels can include moored barges, restaurant boats, tankers, freighters, jack-up rigs, semi-submersibles, lay barges, tugboats, casino boats, fishing vessels, freighters, and many others.

Work with a Jones Act lawyer to determine whether you qualify

We are a maritime law firm with over 40 years combined experience advocating for injured seamen.  Contact us today to determine whether you qualify for Jones Act benefits, and guarantee that you get the maximum award from your employer.