Jones Act coverage gives certain rights and protections to seamen who are injured on the job working aboard merchant vessels registered in the U.S. when in and sailing between American ports. These rights and protections apply in coastal waters, riverways and the open sea when traveling between U.S. territories and possessions abroad, including Puerto Rico, the U.S. Virgin Islands and Guam.

What follows is a series of questions frequently asked by merchant seamen who have suffered on the job injuries and are not eligible to file for workers’ compensation claims under state and federal labor laws.

What is the Jones Act?

Officially known as the Merchant Marine Act of 1920, the Jones Act codified the rights of seaman that have been recognized under common law for hundreds of years. The law extends the same rights and protections to seamen that are extended for railroad and other industrial workers.

Under the Jones Act, a seaman who is injured on the job can file a lawsuit against the owner of the vessel, the captain or crewmates when their actions may have contributed to the injury in question.

Who is Eligible for Jones Act Coverage?

A “seaman” is defined as anyone who is employed and carries out the majority of their duties aboard a commercial watercraft. This includes crewmen, officers and the ship’s master. In order to qualify for protections under the Jones Act, a seaman must perform no less than 30 percent of their work-related duties aboard a waterborne vessel.

What Are a Maritime Employer’s Responsibilities?

Under the Jones Act, a maritime employer must take all reasonable steps to provide a safe work environment for sea-going workers. Jones Act coverage includes well-maintained equipment and proper training. The owner of a vessel can be liable for any conditions that compromise worker safety, including:

• unsafe conditions resulting in falls
• poorly maintained equipment
• inadequate training
• actions on part of the captain or other crew members, including negligence and assault

What is the Burden of Proof Under the Jones Act?

In most negligence lawsuits, a plaintiff offer documented evidence that negligence on part of the defendant was the primary (“proximate”) cause of the injury. In most cases, this is a very high standard. Under the Jones Act however, this standard is much lower.

In order to recover damages, the plaintiff is only required to show that the employer’s negligence played some part in causing the plaintiff’s injury, even if it is as little as 1 percent. This is true even if there were other, more significant contributing factors.

What Can I Recover?

Jones Act coverage includes the usual damages associated with personal injury cases, including lost wages, loss of earning capacity, current and future medical expenses, pain and suffering both physical and mental. A lawsuit brought under the Jones Act can be filed in either federal or state court.

What is the Statute of Limitations?

Injury lawsuits brought under Jones Act coverage must be filed within three years of the date the injury occurred.

This article is not legal advice. It is presented
for informational purposes only.