Ley Jones

Louisiana commercial fishermen, ferry operators, oil rig workers, and other seamen depend upon the Jones Act as one of the only means of recovery after a job-related injury, as the rules of workers’ compensation do not typically apply to sea-based workers. The more you know about Jones Act claims, the more prepared you will be when dealing with an occupational injury or illness.

What is the Jones Act?

The Jones Act is part of the Merchant Marine Act of 1920. This is a federal statute that supports commercial sea activity through the development and maintenance of a merchant marine. It came about after World War I as an effort to create a safe network of mariners after the German navy heavily damaged the U.S. Fleet. The Jones Act mainly called for all goods shipped to and from U.S. ports to use U.S. vessels.

Title 46 of U.S. Code §30104 allows an injured seaman to bring a civil action against his employer if the seaman was acting in the course of employment as a vessel crew member, if the employer was found to be negligent, and if the employer’s negligence was the cause of the seaman’s injuries. This is significantly different from a typical worker’s injury matter, where state workers’ compensation statutes generally prohibit employees from bringing lawsuits against employers for injuries caused by employer negligence.

One of the most important laws for workers is the extension of the Federal Employer’s Liability Act (FELA) to maritime workers. FELA permits seamen to bring personal injury lawsuits and legal actions against their employers in the event of work-related injuries or illnesses at sea. The extension of FELA to seamen is vital since these employees do not have the option of recovering through workers’ compensation like most land-based workers. Without the Jones Act, maritime workers might be stuck without a means of recovery for work-related injuries. Instead, they may take legal action against negligent employers who cause or contribute to a boating incident, like a cruise ship accident. If a seaman dies, surviving family members have the same right to make a claim on behalf of their loved one against the negligent company or employer.

“Maintenance and Cure” is the policy of providing injured seamen with medical care, treatment, and support during convalescence. Seamen are eligible for maintenance and cure even without a Jones Act claim, and will be entitled to maintenance payments until reaching the point of maximum possible cure.

First, you must be a “seaman.” A seaman is a (male or female) worker with duties that contribute to the function of a vessel in navigation or accomplishment of its mission and the worker’s connection to the vessel must be substantial. For example, you would likely be considered a seaman if you were employed aboard an oil tanker by the shipowner to maintain and repair the ship’s propulsion for weeks at a time. However, if you were the employee of an electronics firm that was contracted by the ship’s owner to tune the ship’s radar while the ship was in port you would not necessarily be considered a seaman. Next, you must have a connection to a “vessel.” A vessel is any watercraft or other contrivance used, or capable of being used, as a means of transportation on water. For example, a floating casino that is permanently secured to the shore will not be considered a vessel for Jones Act purposes. Finally, your injury must have been caused, at least in part, by your employer’s negligence.