The Jones Act, formally the “Merchant Marine Act of 1920,” is a federal law that mandates support for developing a merchant marine fleet to enhance American commercial activity on the water and serve as a naval auxiliary in times of war.
The merchant marine is the nation’s fleet of civilian vessels that generally serve commercial interests but could be called on to supplement the forces of the U.S. Navy if that were to become necessary.
The Jones Act mandates that all shipping between U.S. ports be conducted by US-flag ships, i.e., ships that are American owned, built in the U.S., and with a crew that consists of most U.S. citizens or U.S. permanent residents. So, for example, ships that transport goods between the mainland U.S. and Hawaii and Puerto Rico must be U.S.-flag ships operated by a crew of U.S. citizens or permanent residents as required by the Jones Act.
The Jones Act also requires ship owners to provide a safe and secure work environment for all crew members, and if an employee is injured, the owner must pay so-called “maintenance and cure benefits” to the injured employee they have recovered to the extent possible.
What Is the Federal Employers Liability Act?
Importantly for people employed in the shipping industry, the statute also extends the application of the Federal Employer’s Liability Act (FELA) to people who work on the vessels of the merchant marine fleet.
Through the Jones Act, the FELA gives people employed in commercial shipping who have been injured at sea during their employment the right to make a claim for personal injury against their employers. So, it operates something like a state workers’ compensation system for land-based workers. This is important to employees in the shipping industry as they do not otherwise have a right to access any state’s workers’ compensation system.
Under the Jones Act, an injured employee may bring an action for personal injury in either a federal district court or a state court. The employer sued cannot remove the case from a state court to a federal court. So, the choice of court belongs to the employee and not the employer. Although maritime law generally does not give people who sue commercial shippers the right to a jury trial, the Jones Act grants them that right in personal injury lawsuits.
If the seaman dies from injuries they suffer during their employment, the personal representative of the seaman may bring a civil action in a state or federal law. The personal representative has a right to trial by jury. The same federal laws that regulate recovery for personal injury or death of a railway employee apply to an action under the Jones Act.
Does an Employee Have to Prove that the Employer Was Negligent?
It is important to remember that the Jones Act and the FELA were originally adopted to provide safe working conditions and recourse for injury and death to railroad workers. It still does this. It establishes safety standards for workers in the railroad industry and those in the merchant marine. All businesses and organizations covered by the FELA must create a reasonably safe work environment for their employees.
Whether a situation in which a worker was injured was reasonably safe depends on the specific facts and is a question for a jury in a trial for a personal injury lawsuit brought by a merchant mariner. Under the Jones Act, the employee must show that any negligence on the employer’s part contributed to the injury. However, an employee’s contributory negligence reduces the employee’s recovery in proportion to the negligence attributed to the employer.
Some experts believe that the law, as interpreted by courts over many years, now imposes strict liability law on employers in the merchant marine concerning employee injury, as do state workers’ compensation systems. But an employee seeking to recover should be prepared to prove that some negligence on the employer’s part contributed to their injury. For example, they might show a defect in the vessel, gear, tackle, or equipment that caused their injury.
How Can a Merchant Marine Hold an Employer Liable for Injuries Caused by Negligence?
Again an injured merchant marine employee must prove negligence by the employer or a co-worker to hold an employer legally responsible under the Jones Act. Specifically, this requires proving certain key elements as follows:
- The merchant marine employer failed to provide a reasonably safe work environment;
- The employer’s failure was the direct cause of the employee’s injuries; and
- The employee suffered actual harm in the accident.
Can Workers Recover Compensation for the Full Extent of Their Injuries?
One of the most important things to know about the Jones Act is that the law allows an injured person employed on a vessel to seek compensation for both economic and non-economic losses as follows:
- The cost of all necessary medical treatment and related expenses;
- All wages lost up to the time of hearing of the complaint and after;
- The victim’s pain and suffering;
- Loss of earning capacity;
- Compensation for any permanent scarring, impairment, or disability.
What Damages Can Be Recovered in a Jones Act Wrongful Death Suit?
If the cause of action under the Jones Act is for the wrongful death of the seaman, damages for the following may be sought:
- Lost Past and Future Wages: This is compensation for all wages lost throughout the seaman’s life expectancy;
- Loss of Services: This element compensates for the monetary value of tasks that the deceased would have provided to their beneficiaries around the home;
- Nurture to Dependent Children: This element of damages compensates for the monetary value of care, guidance, and training that the deceased would have provided to their decedent children;
- Funeral Expenses: Funeral expenses can be compensated up to the amount actually paid by the beneficiaries;
- Pain and Suffering Experienced before Death: Damages for pre-death pain and suffering is the monetary value of the conscious pain and suffering felt by the deceased before their death;
- Pre-Death Medical Expenses: Pre-death medical expenses are meant to cover out-of-pocket expenses paid toward the decedent’s medical expenses.
What Is the Statute of Limitations for Bringing a Claim under the Jones Act?
All Jones Act claims are subject to a statute of limitations and a three-year deadline for filing claims. If an employee is injured in a specific incident, they have three years from the accident date to file a lawsuit under the Jones Act. If they have suffered an occupational disease, they have three years from when their illness or impairment was, or should have been, discovered.
Who Is a “Seaman” per the Jones Act?
Courts have ruled that to be a “seaman” who qualifies for coverage under the Jones Act and the FELA, a person must meet the following criteria:
- Their employment duties must contribute to the functioning of a vessel or the accomplishment of its mission;
- The person must have a connection to a vessel in navigation that is substantial in terms of its duration and nature.
The second requirement for qualifying as a seaman or crew member has two parts, the employee must be employed on a “vessel in navigation,” and their work must be substantial in duration and nature.
What qualifies as “in navigation” is important. For a vessel to be “in navigation,” it must meet the following criteria:
- The vessel must operate on navigable waters, which are waters through which the vessel can travel to reach the U.S.
- It can be an ocean, sea, river, or inland lake, such as one of the Great Lakes;
- The vessel must be capable of moving under its own power, i.e., it is not towed;
- The vessel must not be permanently anchored to the ocean bottom.
This does not include vessels sitting on land in ship-breaking yards. Oil rigs appear to float, but they only move if towed. Most oil rigs are anchored to the sea floor, so they may not meet the definition of a vessel in navigation. If a person is injured at sea, they want to consult an attorney who can analyze the details and determine whether they are qualified to make a Jones Act claim or might look to other maritime law for recovery.
Who Is Covered by the Jones Act?
Some examples of the kinds of employees who the Jones Act covers are the following:
- Fishermen;
- Tugboat workers;
- Barge workers;
- Cruise ship workers;
- Ferry boat workers;
- Construction workers who are employed to work on vessels or barges;
- Oil platform workers;
- Commercial divers.
What If a Marine Worker Is 3 Miles or More from Shore?
The federal Death on High Seas Act (DOHSA) applies to seamen who were killed at least 3 miles or more away from shore. A claim under DOHSA must be brought within three years of the accident. The remedies for a DOHSA wrongful death lawsuit are more limited than those provided for state wrongful death cases or cases under other maritime laws which apply to accidents that occur within three miles of the shore. Again, a person should consult a lawyer who can determine which maritime laws might apply to their situation.
Spouses, children, and other dependent relatives are entitled to monetary damages under DOHSA. The recovery of damages for loss of companionship and emotional trauma is prohibited under DOHSA. In addition, a Jones Act claim must have been filed before the DOHSA claim can be initiated. Compensatory damages include the following:
- The victim’s children may recover damages for loss of nutrition, education, nurturing, and physical and moral training;
- If the victim was conscious before their demise and suffered physical trauma, loved ones may recover compensation for the victim’s pain and suffering.;
The law of joint and several liabilities applies in DOHSA cases. This means that the negligent party, whether the victim’s employer, a vessel owner, or another responsible party, is liable to pay the damages for which there is a liability because of the victim’s death.
Do I Need the Help of a Lawyer for My Seaman’s Injuries Issue?
If you or a loved one is a “seaman,” or a person employed on a commercial vessel, who has been injured in the course and scope of your employment, it would be in your best interest to consult with a maritime personal injury lawyer.
A maritime personal injury lawyer has the special expertise to handle cases that involve the Jones Act successfully, the Federal Employers Liability Act, and other maritime laws. Your lawyer can determine which law applies to your case, help you understand your rights, and recover the compensation to which you are entitled.
