The Jones Act
(Merchant Marine Act of 1920)
The Jones Act is a federal law that provides much needed protection to seamen who risk their lives facing the perils of the seas. It provides a remedy for maritime workers who suffer a maritime injury while in service to a vessel on navigable waters as a result of the negligence of their employer or a fellow crewmember. When the law was first written, the legislature could not anticipate the developments and changes that would take place in the maritime industry. As a result, the courts have interpreted the law and filled in the gaps that existed in its coverage.
When a seaman is injured on the job, he may be entitled to recover certain benefits. One type of maritime law benefits are remedies like maintenance and cure and claims for the unseaworthy conditions on a vessel. Another type of benefit is a claim under the Jones Act.
The Jones Act applies to seamen who are injured while working in service to a vessel. Under the Jones Act, an injured seaman may sue his employer when the negligent acts of a member of the crew contributed to his injury. It is important to know who qualifies as a Jones Act seaman, what structures are considered to be Jones Act vessels, and what rights are protected under the Jones Act.
Keep reading to learn more about...
Recent Developments
A 'new' Jones Act? Not really.
Some law firms are claiming that there is a 'new' Jones Act. They are referring to Public Law 109-304 (H.R. 1442) which was signed into law on October 6, 2006. But H.R. 1442 is not actually a new law. It is simply the result of a process known as positive law codification, or simply "recodification." The recodification wasn't intended to make changes to the law, and it really did not make any major changes that affects the rights of a seaman.
H.R. 1442 is not a new Jones Act. It is a revision and restatement of the earlier Appendix to the Shipping Code, adding those sections into the actual U.S. Code. The process is intended to restate the existing law without changing the meaning or legal effect while removing potential ambiguities, contradictions, or imperfections from the law.
The positive law codification of Title 46 Shipping was a year long process. The House of Representatives passed H.R. 1442 on November 16, 2005 and sent it to the Senate where it was referred to the Judiciary Committee. On September 7, 2006, the bill was reported out of committee and was passed by the full Senate on September 13, 2006, when it was sent to the President for his signature.
In keeping with the purpose of the recodification process, an additional amendment to Title 46 Shipping was introduced with H.R. 5413 on May 17, 2006, while the bill that would become the ‘new’ Jones Act was still in committee. H.R. 5413 provides for “improvements” in the codification of Title 46 Shipping, United States Code.
Because the positive law codification process is intended to preserve the spirit and meaning of the statutes being recodified, when it was determined that the language used in § 30104 relating to the cause of action for personal injury or death of a seaman is inconsistent with the interpretation of Jones Act claims as adopted by the U.S. Supreme Court in a 1924 case, Panama Railroad Company v. Johnson, (264 U.S. 375), H.R. 5413 was introduced to revise the language of the section to keep it consistent with the purpose of the original Jones Act as it was interpreted by the Court.
You can read the applicable sections of Title 46 Shipping in our Jones Act reference.
To consult with an experienced Jones Act lawyer in a free initial consultation, call toll free
(866) 222-2606 or contact us using the form on this page.
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