What is the Jones Act?

Enacted into law in 1920, the Jones Act is a federal law requiring vessels sailing under the flag of the United States to be registered, manned, and owned by U.S. crews and companies. While the Jones Act was primarily intended to protect the U.S. maritime industry, it also codified certain ancient maritime traditions and practices for recovery in the event of injuries at sea. As a result, the Jones Act required employers to compensate injured seamen for certain costs associated with accidents that occur at sea or on board ship during the course of normal maritime operations.

What are Injured Seamen Entitled to under the Jones Act?

The Jones Act requires employers to compensate injured maritime workers for the following:

• Transportation: Employers are required to pay any costs associated with transporting injured workers from their vessel to appropriate health care facilities.
• Wages: In cases where employer negligence leads to an accident resulting in injuries to a maritime worker, employers are required to pay lost wages. Depending on the circumstances involve, an employer may be required to pay past and future lost wages.

Workers’ Compensation and the Jones Act

The Jones Act is completely different from Workers’ Compensation benefits and is intended to apply only to maritime workers. Workers’ compensation typically covers medical expenses and a portion of an employee’s lost wages. Under the terms of the Jones Act, however, injured maritime workers can recover all of the costs associated with an injury. Not only are injured seamen eligible to receive initial medical expenses and a portion of their lost wages, they may be able to receive the damages covering future medical costs, lost earnings, and pain and suffering.

If You are Injured at Sea

Most maritime employers realize the extent of damages they are liable for under the terms of the Jones Act. As a result, an employer may try and convince an injured employee to apply for workers’ compensation or apply for disability leave in an attempt to persuade them not to apply for benefits under the Jones Act.

If you have been injured at sea, it is important that you contact an experienced maritime attorney at Bailey & Galyen as soon as possible to discuss your case and protect your rights and job. Since there is a statue of limitations regarding maritime injuries, failure to act in a timely manner could prevent you from recovering damages under the law.