Jones Act 1920: The Jones Act was officially titled the Merchant Marine Act of 1920; however, it became known and recognized as the Jones Act after Senator Wesley Jones, who sponsored it. The act was passed in response to concerns about the health of the Merchant Marine and to establish protections for sailors.
Before the passage of the Jones Act, sailors injured on the job had few options for recovering damages. Recognizing the danger of working at sea, and the value of trained seamen, the Jones Act established a system of benefits for sailors.
The Two Parts of the Jones Act: The Jones Act has two parts that are of particular historical significance. The first part heavily promoted American-owned ships. This was accomplished by restricting shipping and passenger trade within the U.S. to American-owned ships and dictating that 75% of a ship’s crew members must consist of American citizens.
In addition to this, the use of foreign parts and labor was also heavily restricted. This section of the Jones Act was intended to create a strong and fully staffed Merchant Marine that could appropriately serve the U.S. during peace and war.
The second significant part of the Jones Act created very far-reaching benefits for sailors. Any sailor who is injured at sea is entitled to maintenance and cure. This means that the sailor’s employer is required to pay him or her a daily stipend and provide medical care to treat the injury.
In addition, sailors also have the ability to sue for damages in the event that their injuries were caused by negligence on behalf of the ship’s owners or crew members. These damages include death benefits whenever there is a case where a sailor is killed on the job.
Jones Act Seaman: Any maritime worker who spends at least 30% of their time in active service on a vessel in navigation qualifies as a Jones Act seaman. This includes everyone from the Captain on down. The benefits and legal protections afforded by the Jones Act are significant. Hiring an experienced offshore injury attorney who understands this aspect of maritime law and how it applies to those working offshore is important.
Assuming you, your loved one, or a friend qualifies as a Jones Act seaman, a special set of rules apply to the case. First, under the Jones Act, you can hold your employer responsible for your injury if you can prove that your employer or a co-worker’s carelessness caused or in any way contributed to your injury.
This can be shown by presenting evidence that your employer did or failed to do something that it should have done. Some examples would be if your employer failed to provide you with safety equipment or failed to hire a competent crew.
If you can show that your employer is at fault for your injury, you still must deal with what is known as “comparative fault.” This is where your employer tries to blame you for your injury by saying that you should not have done something or you should have done something differently. This doctrine is one of the primary reasons that employers try to blame injured workers.
Your employer usually tries to lay the groundwork for this defense at the outset of the claim by getting you to give a recorded statement. If your employer tries to make you give a recorded statement, you should ask to give a written statement instead so you can think about what occurred and be as accurate and comprehensive as possible in terms of what happened, why it happened, who saw what happened and what could have been done to prevent the injury.
Employers often want you to give a recorded statement at the doctor’s office or hospital when you are still dealing with the effects of the injury or trauma, so you will not be as comprehensive and thoughtful as you need to be regarding what occurred.
You should tell your employer that you are happy to assist with the investigation, but you need time to consider all that occurred, and you will give a written statement once you have had time to recuperate.
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