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Jones Act Overview
The Jones Act is a law focuses on maritime commerce, and gives seamen who were injured during their employment the right to sue their employer for personal injury damages. A Jones Act attorney can help a seaman determine if they have a claim under the Jones Act.
Commerce Regulations under the Jones Act
The Jones Act is considered protectionist legislation, and requires that goods shipped between US ports be transported on ships that were built, and are owned an operated by US citizens or permanent residents.
The Jones Act was enacted by Congress after World War I, and the requirement that goods be shipped on US ships between US ports was an attempt to boost the shipping industry. The law was introduced by Washington Senator Wesley Jones, and this regulation benefited Washington, which has a large shipping industry.
However, this law has caused the costs of shipping between US ports to be much higher than they otherwise would be. For instance, the Jones Act has been criticized for restricting shipping and trade too much, and some people say that it has been a key factor in causing economic problems in Puerto Rico.
Some people want the Jones Act to be repealed, reportedly claiming that shipping costs and prices will fall. Proponents of the act are usually states with large shipping industries and other vested interests in the act’s success.
In some cases, politicians support exemptions to the Jones Act when certain areas require relief, and allowing non-US ships would help aid relief efforts.
Experts say that while a repeal of the act would need lower shipping costs, it would probably also reduce the number of maritime jobs available in the United States.
Jones Act Protections For Seamen
In addition to boosting the number of maritime jobs available in the United States, the Jones Act offers protection for seamen who are not otherwise protected under state and federal law.
The Jones Act gives seamen the right to sue their employer if they were injured as a result of their job. This act represents an important legal protection fro seamen, as no state or federal law requires employers to give seamen workers’ compensation benefits. Thus, the only compensation that they are legally entitled to compensation after an injury is through the Jones Act.
What is a Seaman?
Under the Jones Act, a seaman is a person who performs a significant amount of their work on a ship or a boat. Part-time seamen must perform at least 30 percent of their work on a boat. A Jones Act attorney can help a worker determine if they qualify for protection under the Jones Act.
Negligence Under the Jones Act
Per the requirements set forth by the Jones Act, employers must provide seamen with a “reasonably safe” place to work, and use care to maintain that safe working condition. If a seaman is injured during the course of their work, in some cases, their work may have been the result of negligence by their employer.
If a seaman has been injured in the course of their work on a vessel, they may have a personal injury case under the Jones Act. A Jones Act attorney can help a seaman determine if they have a valid claim under the Jones Act, and may be able to hold their employer liable for their injury.
