The Jones Act is a key component of the Merchant Marine Act of 1920. This is an important safeguard for seafarers in the United States. It provides safeguards for people who work on vessels that operate in navigable waters under United States laws. They must be U.S.-flagged vessels that are on rivers, lakes and oceans for foreign or interstate commerce purposes in order for workers’ circumstances to be governed by the Jones Act.
For those who work on qualifying seafaring vessels, the law offers essential protections to help keep seamen safe and help ensure that they’re treated fairly. It also gives them the basis for seeking compensation if they’re injured on the job.
Right to compensation for injuries
One of the most significant protections that’s provided by the Jones Act enables seafarers to seek compensation for work-related injuries. Their injuries must be caused – at least to some degree – by their employer’s negligence.
Seamen aren’t covered under traditional workers’ compensation laws, so they must rely solely on the Jones Act to try to recover damages for injuries that happen while they’re on a seafaring vessel. In order to recover compensation, they need to file a lawsuit.
Many types of damages can be included in a claim that’s brought under the Jones Act. They include:
- Lost wages
- Medical care costs
- Pain and suffering
The Jones Act is one of the few ways that seamen can hold employers accountable for inadequate working conditions of their ships. It sets clear expectations for upholding safety regulations. If an employer fails to uphold this duty and that negligence leads to an injury, a worker can file a lawsuit for damages.
Maintenance and cure benefits
In addition to requiring safe work conditions and holding ship owners accountable for seamen injuries, the Jones Act provides requirements for maintenance and cure benefits. Maintenance has to do with daily living expenses during a seaman’s recovery phase. Cure requires the payment of the medical care expenses that are related to their injuries. This compensation is often provided regardless of who is at fault for the injury at issue.
Compensation afforded by the Jones Act isn’t always easy for an injured seaman to receive. Some may have to fight to get what they’re due. Injured seafarers may opt to work with a legal representative who’s deeply familiar with the Jones Act and how to uphold their rights.
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