What Is The Jones Act of 1920?

Maritime workers face unique risks on the job, which is why laws like the Jones Act of 1920 exist to protect their rights. This federal law allows workers injured at sea due to unsafe conditions or employer negligence to seek compensation. The Louisiana Jones Act lawyers at Domengeaux Wright Roy & Edwards are dedicated to helping maritime workers and their families understand and secure these protections. This blog explains the Jones Act in simple terms, covering who it helps, how it works, and why it matters. Learn how this law protects the rights of those working on the water.

Louisiana Jones Act Lawyers on the Jones Act of 1920

The work of a seaman is among the most difficult – and most dangerous – professions. As Samuel Johnson once said, “Being in a ship is like being in jail, with the chance of being drowned.” Those who work on inland rivers, in shipping, commercial fishing, and offshore still have some of the most dangerous jobs in the United States, and these workers are vital to industries that fuel our nation’s economy.

Before 1920, seamen and sailors suffered harsh working and living conditions aboard commercial ships. They also lacked any legal protection against injuries suffered in the line of work. Passage of the Merchant Marine Act of 1920, more commonly known as the Jones Act, brought seamen engaged in coastal shipping a measure of safety and security. The Jones Act regulates shipping in U.S. coastal waters and between U.S. ports. More importantly, it can protect injured maritime workers.

How Does the Jones Act of 1920 Help Maritime Workers Today?

Maritime employees face a great deal of occupational risk due to their constant exposure to dangerous working conditions and on-site hazards. While all employees are protected to some extent under workers’ compensation laws and insurance, the Jones Act provides even more extensive coverage and protection specifically to employees in the maritime industry who qualify as Jones Act Seamen.

Who Qualifies As a Jones Act Seaman?

Under the Jones Act, a “seaman” is someone who works on a vessel in navigable waters and spends a significant part of their time working on the water. To be considered a seaman and qualify for Jones Act protections, here’s what you need to know:

• You must work on a vessel located in navigable waters (any water connected to the ocean or another major waterway).
• The vessel must be in navigation, meaning it is operating, afloat, and not permanently tied up or out of service.
• You need to spend at least 30% of your time on the vessel, with your work supporting the vessel’s mission.

If you meet these conditions and have been hurt while working as a seaman, you may be able to file a claim under the Jones Act for compensation with the help of Louisiana Jones Act lawyers from Domengeaux Wright Roy & Edwards.

Defining These Terms

There has been much debate over how to determine whether an employee is classified as a Jones Act seaman. In the case of Chandris, Inc. v. Latsis (1995), the Supreme Court made a ruling that now serves as the benchmark for determining if a maritime employee qualifies as a Jones Act seaman. In the Supreme Court’s ruling, it was determined that: “The worker’s duties must contribute to the function of the vessel or to the accomplishment of its mission, and the worker must have a connection to a vessel in navigation (or an identifiable fleet of vessels) that is substantial in terms of both its duration and its nature.”

To clarify the Supreme Court’s ruling, any maritime worker who spends less than 30 percent of his or her time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act. A seaman can be a deckhand, any worker on the vessel or a captain. Divers can also qualify as Jones Act Seamen. These, these are complex cases, and our firm is highly experienced in commercial diving and recreational diving accidents.

The term “navigable waters” has been interpreted by federal courts to include almost any body of water. Oceans and the Gulf of Mexico are considered navigable waterways, of course, but so are harbors, rivers, and inland lakes. What the term doesn’t apply to are workers on offshore oil rigs, because these platforms are permanently attached to the ocean’s floor. It also doesn’t apply to workers on docks. These workers aren’t on navigable waters, and so they don’t qualify as Jones Act seamen. Fortunately, other maritime laws protect them when they are injured on the job.

Legal Action for Injured Workers Under the Jones Act

Another aspect of the Jones Act that sets the personal injury process apart from a typical workers’ compensation case is the fact that if any action is brought under the Jones Act in federal court or state court, the plaintiff is entitled to a jury trial. Common maritime law does not normally afford this right in the absence of a statute that specifically authorizes it.

The Jones Act grants seamen who suffer personal injury in the course of their employment the right to seek damages in a jury trial. Under the Jones Act, the employer has a fundamental duty to provide a seaman with a reasonably safe place to work. The Jones Act also provides for a claim for the failure to treat medical claims. The shipowner or /employer has the responsibility to take all reasonable steps to provide a seaman with prompt, proper, and adequate medical care. This is known as “Maintenance and Cure.”

Maintenance and Cure

“Maintenance and cure” is the policy of providing medical care and treatment to a seafarer who is disabled by injury or illness while in the service of the ship. This also means they must receive the means needed to maintain themselves during their recovery time.

To break this down into simple terms:

• Maintenance is a daily payment given to an injured seaman to cover their food and housing costs until they have recovered as much as medically possible.
• Cure refers to the cost of medical care for a seafarer while they are sick or injured. This includes doctor and nurse services, hospital stays, medication, and any necessary medical equipment. These costs are covered until the seafarer has recovered as much as medically possible.

Why Is Maintenance and Cure Important?

Maintenance and cure is a basic right of a Jones Act seaman, and it is not necessary to prove negligence or unseaworthiness to recover those benefits following an injury. Benefits remain payable until the injured seaman reaches the point of maximum possible recovery. Therefore, an owner of a vessel is almost automatically responsible for the cost of medical treatment when a seaman in its employ is injured.

In other words, a seaman is entitled to maintenance and cure even if the worker is unable to establish that an injury was the result of any negligence on the part of the employer or an unseaworthy condition existing on the vessel. The cause of injury or sickness is not relevant. Your claim under the Jones Act may have several forms of compensation, including maintenance and cure, lost wages, medical expenses, and pain and suffering damages.

Seaworthiness Under the Jones Act

When many consider a vessel to be unseaworthy, they think that the term means it may sink, be at risk of sinking, or be unstable. Under the Jones Act, a vessel may be at no risk of sinking but still be “unseaworthy.” This is based upon its failure to provide a seaman with a safe place to work, appropriate equipment, or safe facilities to perform their duties.

Why You Need Louisiana Jones Act Lawyers On Your Side

In cases involving maritime injuries, shipping and boat companies and their insurance companies may dispute your eligibility to receive benefits under the Jones Act. Having experienced lawyers on your side is important not only to protect your rights but also to help prove, not only to protect your rights but to assist in proving that your employer’s negligence caused your accident and the resulting injury. The Louisiana Jones Act lawyers at Domengeaux Wright Roy & Edwards can guide you through the process and help protect your rights.

Don’t Leave Your Rights Up to Chance

If you believe that you or a loved one may potentially have rights to a Jones Act claim, you should consult with a personal injury attorney with experience in Jones Act lawsuits. Domengeaux Wright Roy & Edwards has over 60 years of practicing maritime law in Louisiana, and we provide free legal consultations and case evaluations to people who believe they may have rights to a claim. We handle maritime injury cases on a contingency fee basis, meaning you will pay no legal fees unless we win a settlement for you.

Discuss your Jones Act case with an experienced Louisiana maritime lawyer today. Please call toll-free from anywhere in the United States at 800-375-6186 or by send us a message online.

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