Stacey Burke(12) SMSH Legal Log in to become a member of Stacey Burke's Fan Club!
The Jones Act is an act of Congress governing the liability of marine vessel owners and operators for the work-related injury or death of an employee. The United States Congress intended for all seamen's injuries throughout the nation to be guided by the same liability standards. Thus, the Jones Act is a federal cause of action.
Although the Jones Act protects seamen, it is not quite the same as workers' compensation. It does not require payment regardless of fault. In order for a worker to recover under the Act, he must prove negligence or fault on the part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the vessel or its equipment. It must be proven that the employer did something unsafe or failed to do something that would have prevented the injury.
Under the Jones Act, an injured worker can recover normal wages as well as future wages lost because of inability to work caused by the injury. In the modern age, seamen tend to be well paid, so this can amount to very substantial amounts of money.
Until the Jones Act, known first as the Merchant Marine Act of 1920, workers aboard sea vessels worked in terrible conditions and lacked any particular legal means of improving their lot. Injured seamen relied on maritime law, also known as admiralty law. Admiralty law is a mix of seafaring nation tradition and common law. Over time, aspects of it were incorporated into American law. The Jones Act finally gave sea workers the same protection from injury and poor working conditions as land workers. Senator Wesley Jones proposed the Act as a way to help the U.S. maintain a strong sea-bound workforce. This was important for the growth of marine commerce, a vital component to the success of the U.S. economy.
Technically, the Jones deals with the sea-bound transport of people and goods within the country. Congress wanted our waterways occupied with American ships, maintained at American shipyards, and run by American crews. For example, a maximum of 10% of ship repair can be performed by offshore shipyards, and 75% of the crew members on a ship must be U.S. citizens.
Maritime injury cases governed under the Jones Act are difficult and complex. It is a highly specialized area of the law, and any case dealing with the Jones Act should be handled by an attorney with experience in maritime law.
Jones Act maritime cases can be complicated and difficult, so it is important to rely on a Jones act attorney with a history of success with these types of cases, such as Schechter, McElwee, Shaffer & Harris, L.L.P. Call SMSLegal today at 800.282.2122 or visit their website for more information.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
tweet this!