What is the Jones Act?

The Jones Act, enacted by Congress in 1920, governs domestic shipping with a uniform set of federal laws to regulate all shipping activities. Among other things, it states that ships must be built in the United States, owned by U.S. citizens, be documented under U.S. law, and be operated by no less than 75% American crew members. Also known as the Merchant Marine Act, it is a type of cabotage law that is designed to increase national security, protect domestic jobs, and give the federal government full control over domestic shipping.

The Jones Act also protects the seamen who crew these ships, allowing injured sailors to receive full compensation including time lost from work (maintenance) and medical bills until recovery. (Note that in the case of serious injuries, a seaman may never fully recover or even work again. This is one of the gray areas of the Act.)

If negligence was involved due to unsafe procedures, unsafe work conditions, an unseaworthy vessel, or other considerations, the Act also states that a seaman can “at his election, maintain an action for damages at law, with the right to trial by jury.” This means that an injured sailor – as decreed by law – can seek damages beyond medical and maintenance including pain and suffering.

Although this all may seem straightforward, and indeed it is a sweeping, comprehensive set of laws, a Jones Act case can get complicated very quickly due to several different factors. One of these is that the terms “seaman” and “vessel” are not clearly defined within the Act, leaving it open to interpretation. To further complicate things, a “seaman” does not have to actually be injured at sea to be covered, and a worker injured at sea is not necessarily considered to be a seaman.

Another factor is that vessels and shipping have changed quite a bit since 1920. In one case in Boston that went to the Supreme Court, the crucial question was whether or not a dredging barge was considered to be a “vessel” or a “fixed platform.” The terminology within the Act is difficult to interpret as well, and part of this case focused on whether “in navigation” meant able to operate at sea, operating at sea but not moving, or actually moving at the time of the accident.

Contact a Jones Act lawyer today

Many experts agree that those injured while working in the shipping industry should seek professional legal counsel to find out their rights in a Jones Act case. A Jim S. Adler & Associates personal injury lawyer can help. We have been practicing Personal Injury lawyers in the state of Texas for over 30 years.

We have an intimate knowledge of Marine Law including the Jones Act, and we can help you get the financial peace-of-mind you need after a serious accident. If you have been injured at sea and you suspect that the accident was caused by someone else’s negligence, contact us right now for a free case review. We’ll tell you your rights, and help you protect them.

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