Jones Act Lawyers

The laws and processes governing waterborne travel and trade are covered under admiralty and maritime law. The main subject of admiralty and maritime law proceedings is international trade on the high seas, although seaman’s injuries are also frequent.

What Exactly Does the Jones Act Do?

The Jones Act aims to support a strong United States flag fleet and shield it from unfair international competition. This mandates that vessels that transit between ports in the United States be built by American businesses and owned by Americans. The crew members of the ships must be US citizens or authorized aliens.

The act also supports the families of sailors injured in the line of duty.

Are Passengers Affected by This Act?

Passengers are explicitly excluded from the act’s coverage. In practice, though, most individuals still apply the legislation to passengers. Before the Jones Act, a different law clarified that passengers could not be transported on a foreign ship between ports in the United States.

Are there any Plans to Suspend or Waive the Jones Act Requirements?

Only extremely unusual instances of a national emergency may result in waiving the standards.

Are Canadian Ships Considered Foreign, Given that Canadian Maritime Laws and Regulations Mirror those of the United States?

Between Canadian and American ships, there is one significant distinction: subsidization. In other words, Canada has contributed to funding its ships’ building, while the United States has not. Canada’s taxation and social welfare systems are also very different from those in the US.

Given these variations, putting Canadian ships up against American ships would result in unfair international competition.

Is the Jones Act Seen as a Way to Circumvent American Immigration Laws?

The act attempts to stop Americans from losing employment by restricting immigrants from entering United States ports on ships from other nations. This is due to the entry of thousands of immigrants who have infiltrated the American labor market.

How Does the Law Defend Maritime Employees?

Maritime employees have varying levels of protection based on their line of employment. Traditional seamen or those sailing on the high seas are protected under the Jones Act.

The Jones Act permits responsibility without requiring the boat owner to demonstrate wrongdoing. Generally, rules governing workers’ compensation and tort law (negligence) protect maritime workers and other personnel engaged with ships.

What Is the Main Cause of Personal Injury in the Maritime Industry?

Most maritime personal injury claims involve the recklessness of boat owners and crew members.

Maritime personal injury recovery laws often cover the following categories:

• Longshoremen (those who load and unload the goods) (those who load and unload the cargo)
• Service and repair personnel (ship cleaners, tank cleaners, carpenters, electricians, mechanics, etc.)
• Non-seamen who are part of a ship’s company but do not go to sea
• Boat owners and boat businesses’ customers and guests

What is Unseaworthiness?

A seaman who is hurt or becomes ill while working on board the ship has three primary legal options: maintenance and cure, the Jones Act, and the theory of unseaworthiness.

In general, maintenance and cure refer to giving medical care and a daily living stipend to a marine who has been hurt or ill while recovering. If the vessel owner’s negligence or the crew led to the injured seamen’s injuries, the Jones Act permits them to seek compensation directly from their employers.

A vessel, its components, or its equipment is deemed unseaworthy if they are not reasonably fit for the purpose for which they were designed. If the crew cannot complete the tasks given to them, the vessel may also be deemed unseaworthy. A vessel owner is required by the Jones Act to provide and maintain a seaworthy vessel.

Under the Jones Act and General Maritime Law, Who Qualifies as a “Seaman”?

The following requirements must be satisfied for a person to be considered a “seaman” and eligible for protection under the Jones Act:

1. Your injury must have occurred while the vessel was “in navigation” at sea or in a body of water connected to interstate or international trade.
2. You must spend the majority of your working hours aboard the vessel.

When Does a Ship Become “Seaworthy”?

A ship must meet certain requirements to be considered “seaworthy:”

1. Provides sailors with appropriate gear and safety gear at all times.
2. Makes a seaman’s place of employment and residence safe.
3. Observes all vessel operation safety regulations.

The Jones Act covers the following workers:

• Fishermen
• Laborers in tugboats
• Laborers on barges
• Cruise ship personnel
• Ferry boat personnel
• Construction personnel who operate ships or barges
• Oil platform personnel
• Commercial divers

Who Can Claim Unseaworthiness?

Most often, claims for unseaworthiness are made against the vessel’s owner, who is occasionally the crew members’ employer. Under the seaworthiness theory, a vessel that has been chartered is not accountable, but the owner may be responsible for negligence if the vessel is not seaworthy.

A family member may file a claim under the Fatality on the High Seas Act in situations where a seaworthy vessel is to blame for a death on the high seas. A family may receive compensation for missed services under this law.

How Does the Jones Act Relate to the Unseaworthiness Doctrine?

The Jones Act and the unseaworthiness concept can be applied in some cases. But distinct components are involved in each cause of action. Additionally, depending on the nature of the claim, wounded seafarers have a variety of remedies.

Seaworthiness is the sole and unassignable responsibility of the shipowner. A seaman filing a claim under the unseaworthiness theory need only demonstrate that the ship’s condition was unsafe and that it was this condition that resulted in the seaman’s damage.

It is unnecessary for an unseaworthy state to have been created by the shipowner’s carelessness or to have been known to the owner.

On the other hand, the Jones Act mandates that a sailor establish that their harm resulted from the employer’s or one of its employees’ or agents’ negligence. If a seaman files both Jones Act and unseaworthiness doctrine allegations, the seaman may ask for a jury trial on both counts.

The Jones Act offers a small number of damages, such as lost income from the past and future, medical costs, pain and suffering, and disability.

The Jones Act allows surviving family members to seek compensation for the seaman’s conscious agony and suffering and the loss of the seaman’s financial support if the seaman dies in the line of duty. A seaman may recover damages typically compensable by law under the unseaworthiness concept.

Are Seamen Legally Entitled to Sue for Injuries?

Seafarers who sustain personal injuries while on the job have a right to sue their company under marine legislation like the Jones Act.

Who May File a Lawsuit for Seaman’s Injuries?

Those who meet the definition of a seaman have the following legal rights against their employers:

1. Crewmembers
2. Captains
3. Workers on the ship at least 30% of the time as a part-timer

Do I Need an Attorney to Handle My Jones Act Issue?

It would be smart to speak with an experienced liability attorney if you or a loved one is a seaman who was hurt while carrying out your maritime duties. You can better understand your rights and pursue potential remedies by speaking with a lawyer.