The Jones Act: Getting Justice for Seamen and Sailors

The Merchant Marine Act of 1920 is a United States Federal law that came into being to protect the rights of maritime workers in the US waters and between its ports. Section 27 of this Act, also referred to as the Jones Act, 1920, deals with coastal shipping or cabotage. Since its first enactment in 1920, this Act has undergone several revisions, the most recent being in 1996.

The purpose of the Jones Act was to recognize the need for a strong shipping industry for its defense and for the growth of internal and external commerce. However, it also recognizes the need to protect its seamen, who in the process of work, might be injured at sea. In such conditions, it is the responsibility of the ship owner to send the injured employee home.

Pre-1920, sailors did not have legal protection against inhuman working conditions, but the Merchant Marine Act of 1920, or the Jones Act, corrected that and ensured that seamen were made safe and secure by law. This law is named after Senator Wesley L. Jones of Washington who introduced the law to maintain a good working sea force that works on the high seas even in adverse climate. In fact, only when the need for a law to regulate the rights of seamen became very urgent that Congress was forced to act and bring in legislation to this effect.

This law, therefore, seeks protection for seamen and sailors who work in the open sea in dangerous circumstances, or in an oil rig or on a vessel. By minimizing a sailor’s risk, an employer ensures that the employee’s life is paramount. If a seaman is injured in such conditions, whether offshore or onshore, he can seek recourse to the law under the Jones Act by claiming damages for negligence on the part of the captain, ship owner or crew. Another basis of legal recourse is the unseaworthiness of ships.

Other grounds include past and future lost wages, past and future medical costs, pain and suffering, nursing costs, therapy costs, loss of the power to enjoy life, physical and mental damage, loss of earning capacity and expense of vocational retraining.

However, despite the fact that the scope of the Jones Act extends protection to seafaring personnel, it is imperative that anyone wanting to take the benefits listed under it consult a specialist in the Jones Act.

If a seafaring employee decides to pursue legal action for any injustice, injury or wrongdoing to him, he must seriously consider appointing a Jones Act lawyer. This person is an expert in understanding and applying the terms of the Jones Act, which is a very complex piece of legislation. With his in-depth knowledge of this Act, he can bring justice to anyone needing retribution. Besides, anyone making a claim under this law stands to gain much more than any other workman. But for a successful claim to come through, a seaman needs very good representation from an experienced Jones Act attorney before negotiating a settlement with the insurance company.

About the Author:

James Matthews is the author of this article on Jones Act. Find more information about Maritime Law here.