Jones Act Maritime Provisions Compensate Seamen’s Injuries

2007-03-08 10:33:40

( Legal )



Working aboard a ship is a very hazardous occupation. Injuries on ships are difficult to avoid. In order to attract and retain skilled workers in the merchant marine, Congress deemed them to be worthy of special protection. So in 1920, Congress enacted the Jones Act maritime provisions that removed the maritime law's bar to seamen's suit for negligence.

You may find it hard to believe, but before the passage of the Jones Act, Congress had not yet written any laws to ensure adequate coverage for American seamen in the event of injury. Until Jones Act, seamen injured on duty could seek relief only under maritime law. Maritime law or admiralty law is not a codified law; it combines common law, shipping traditions, and maritime practices. The world's seafaring nations all respect admiralty law.

The Jones Act maritime provisions authorizing such suits enlarge the rule of liability under the maritime law, and confer on seamen or their representatives the right to recover damages resulting from an employer's negligence, or from failure to make provisions for sufficient medical care.

When you are injured at sea and your maritime lawyers can prove that you are covered under the Jones Act maritime provisions, the financial award exceeds what you will receive under ordinary workmen's compensation formulas. For this reason, maritime lawyers will be anxious to prove that you are a Jones Act seaman, while the other side will assert that you are not.

The Jones Act maritime statute does not specifically define the term seaman, although it does include both the members and the masters of the crew. This has led to some confusion, and even unwarranted claims. The latest Supreme Court announcement now says that to be a seaman, one must contribute work substantial in nature and duration to further the work of the vessel in navigation and its crew.


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