Jones Act

The Jones Act is a federal law designed to offer remedy and legal protection to sailors, seamen, and other maritime employees who are not covered by state workers compensation and employers liability laws. The Merchant Marine Act of 1920, also known as the Jones Act, is compensation legislation intended to allow sailors with injuries to recover money to help cover the costs of medical care and health recovery.

State laws do not apply to employees on wharves, docks, or navigable waters whether they be interstate or international. It allows maritime employees the ability to sue their employers or shipowners should they be injured through the negligence of that employer or shipowner.

The Merchant Marine Act of 1920, also known as the Jones Act, is compensation legislation intended to allow sailors with injuries to recover money to help cover the costs of medical care and health recovery. However, it is not a workers compensation law for seamen and maritime workers. In some cases it is more and in others it is less. Additional benefits apply if the injury is caused by negligence of the employer or by the work environment on the vessel. Injured sailors are entitled to many of the same things covered under other workers compensation laws. Some benefits to which they are entitled are payments when they are disabled or otherwise incapable of working, payment for the costs of medical care and ongoing rehabilitation and transportation costs. In cases where the injury was caused by a negligent working environment, the injured sailor is entitled to additional damages for Pain and Suffering.

The Act covers injured seamen but not longshore and harbor workers. These workers have other federal statutes, such as The United States Longshore and Harbor Workers’ Compensation Act (USL&HWCA), to respond to their injuries, just as laws are in place to protect workers in general. All workers compensation legislation is intended to provide a framework for protecting workers when they become injured. It details the circumstances under which employers, the ship owners in the case of the Jones Act, are responsible for the costs of medical care for an injured sailor, including ongoing healthcare for repairing and rehabilitating that injury.

While the intent of the law is to assist the worker, the original idea behind all workers compensation laws, including the Jones Act, was to reduce the cost of litigation. The overall goal is to provide a fair process that assures the sailor the timely medical benefits he or she is entitled to, without having the financial burden of hiring an attorney, forcing the employer to go to court and having a judge review and assess damages. However, the law is complex and situations may develop where it is in the best interest of all parties to seek the advice of qualified legal counsel.

The Merchant Marine Act of 1920 (Jones Act) is federal legislation (The Jones Act 46 U.S.C.S.App.688 [2002]) and includes admiralty and maritime law. It also applies to workers working on offshore oil rigs. A seaman is defined as an individual engaged or employed in any capacity aboard a vessel, including the master and members of the crew. It does not include scientists on board ships, sailing instructors or sailing school students. Coverage is provided for these exposures by attaching the appropriate coverage endorsements to the standard Workers Compensation and Employers Liability Insurance Policy.