What Is the Jones Act?

Maritime laws govern the acceptable practices of seafaring venturing, including commerce, navigation, shipping, salvaging operations, and passenger transport by sea. International trade conducted on the world’s oceans is beholden to maritime law , which is based on the laws of individual countries as well as public international law.

The Jones Act refers to federal statute 46 USC section 883 when it is used for maritime law cases, and it controls any coastwise trade within United States waters. The general definition of “coastwise trade” is any commercial activity involving several types of cargo that begins anywhere in the United States and ends anywhere outside of the United States. The Jones Act also protects American workers injured while at sea.

The Jones Act is also called the Merchant Marine Act of 1920. It states that any “qualifying sailors” may claim compensation from their employers if they become ill or injured while working on seafaring vessels. These cases often rely upon the victim proving negligence on the part of the ship owner or their employer for creating an unsafe environment. As with any other personal injury claim against a negligent party, the victim must establish three things:

While most land-based claims against negligent employers are covered in part by workers’ compensation, the Jones Act extends similar protection to “qualifying sailors.” It does not, however, explicitly define who is included in this definition. To qualify under Jones Act protection, the victim may need to have spent a certain percentage of his or her working time aboard the vessel. The victim must have also been performing duties required to maintain the vessel’s intended purpose, and the illness or injuries must be work-related.

In addition to proving they qualify as a protected seaman or sailor, plaintiffs may also need to prove the vessel had unsafe or “unseaworthy” conditions that caused their injuries. The owner of the vessel or the company managing the ship’s procedures is responsible for furnishing a seaworthy vessel free from hazards.

Any personal injury case will go much more smoothly for the victim with reliable legal representation, but maritime law is a specialized type of legal practice – and Jones Act claims are an even more specific. Victims should consult an attorney who is knowledgeable of the details of maritime law and familiar with the Jones Act.

The qualified Attorneys of Gordon, Elias & Seely have extensive experience with this branch of maritime law, and we work to ensure negligent employers and ship owners are held accountable for any actions (or inactions) that endanger their employees and crew members. Reach out to us if you believe you have a claim that may involve the Jones Act or with any other questions about maritime law.

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