{"id":353590,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/workers-compensation\/the-jones-act-and-merchant-marines.html"},"modified":"2023-12-28T14:45:46","modified_gmt":"2023-12-28T19:45:46","slug":"the-jones-act-and-merchant-marines","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/workers-compensation\/the-jones-act-and-merchant-marines.html","title":{"rendered":"Protections for Injured Merchant Marines: The Jones Act"},"content":{"rendered":"\n
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Protections for Injured Merchant Marines: The Jones Act<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The Jones Act protects maritime workers\u2014such as seamen on tugboats, barges, and rigs\u2014by allowing them to sue their employers for injuries caused by negligence or unsafe conditions. Unlike standard workers\u2019 compensation, the Jones Act offers broader benefits, including medical expenses, lost wages, and \u201cmaintenance and cure\u201d support.<\/p>\n\n <\/div>\n\n\n\n

You should understand the Jones Act if you work at sea and have suffered a personal injury. This federal law can cover medical expenses, lost wages, and other issues related to an injury.<\/p>\n

This article will take you through key points of this important law. Learn about the Act’s protections for maritime workers, how to file a claim, and what to do if your injury was caused by employer negligence or unsafe working conditions.<\/p>\n

How the Jones Act interacts with workers’ comp laws is complicated. A local attorney<\/a> can explain how the Jones Act differs from standard workers\u2019 compensation and what benefits you may be entitled to.<\/p>\n

Background of the Jones Act<\/h2>\n

The\u00a0Merchant Marine Act of 1920<\/a> is the Jones Act. The Jones Act is part of the general maritime law. It’s a federal law that protects seamen and maritime employees if they are injured at sea. Before this act, maritime workers had limited rights. They had little help with medical bills and other expenses for injuries on the job.<\/p>\n

The Jones Act brought a much-needed change by holding vessel owners and maritime employers responsible for the well-being of their workers.<\/p>\n

The law lays out the legal framework for the U.S. merchant marine. One of its most important functions is to protect mariners injured at sea. These workers do not qualify for workers’ compensation under maritime law.<\/p>\n

In general, “merchant marine<\/a>” refers to the fleet of commercial ships that deliver goods to and from other nations during peacetime, as opposed to military vessels. But the U.S. government can commission these ships to deliver troops and military supplies during a war.<\/p>\n

While the Jones Act covers various aspects of the merchant marine, this article focuses on provisions allowing injured crew members to sue their employers<\/a>.<\/p>\n

Who Does the Jones Act Cover?<\/h2>\n

The Jones Act covers people working on vessels like tugboats, barges, and rigs. This includes seamen’s injury or wrongful death<\/a> cases that happen at sea. If you work on a seaworthy vessel and have suffered an injury, the Jones Act may help you get needed support.<\/p>\n

Private mariners importing or exporting goods, primarily in a commercial setting, are considered part of the merchant marine. Since terrestrial law does not apply to employees at sea, including workers’ compensation protections, this act allows seafaring employees to sue their employers for injuries.<\/p>\n

Those covered by the Jones Act include masters, captains, officers, and crew members who spend at least 30% of their work time on a “vessel in navigation” or group of vessels under common ownership. A vessel in navigation is afloat, operational, capable of moving, and on navigable waters. For instance, a ship tied to a dock would be “in navigation.”<\/p>\n

If you don’t meet the 30 % threshold for coverage under the Jones Act, your job falls under the federal\u00a0Longshore and Harbor Workers’ Compensation Act<\/a>.<\/p>\n

How the Jones Act Protects Employees at Sea<\/h2>\n

The Jones Act protects in many ways. If vessel owners maintain an “unseaworthiness<\/a>” condition, they can be accountable. Injured workers may be eligible for workers’ compensation benefits. These benefits can cover medical care and even future medical expenses. If you have lost earning capacity, the Jones Act can also help you recover the money you would have made without the injury.<\/p>\n

The Jones Act requires a mariner’s employer (such as a shipping company) to provide a reasonably safe working environment. If the captain or any other employee is negligent for another employee’s injuries, the employer may be liable and sued by the injured party.<\/p>\n

Examples of unsafe conditions or situations that may trigger liability include:<\/p>\n