What Are the Key Provisions of the Jones Act for Maritime Workers?

Personal Injury
The Jones Act is a pillar of U.S. maritime law and a crucial piece of legislation for those who brave the seas for a living. Enacted in 1920 and formally known as Section 27 of the Merchant Marine Act, this law emerged from a need to address the unique dangers and challenges faced by maritime workers. Unlike their land-based counterparts, seamen often work long hours in harsh environments, far from immediate medical attention. This act recognizes these realities and provides a unique level of protection for maritime workers, ensuring they have legal recourse and financial support in the event of on-the-job injuries. Here’s a brief overview of its key provisions, from a maritime lawyer serving Houston, TX.

What Are the Key Provisions of the Jones Act for Maritime Workers? An Overview from a Maritime Lawyer Serving Houston, TX

The Right to Sue for Negligence

Perhaps the most significant provision of the Jones Act is the right it grants maritime workers to sue their employers for injuries sustained due to negligence. This is a substantial departure from typical workers’ compensation laws, which often limit an employee’s ability to seek full compensation in court. 
Under the act, an injured seaman can bring a claim against their employer if they can prove that the employer’s negligence – however slight – played a role in the accident. This lower burden of proof increases the likelihood of seamen receiving fair compensation compared to land-based workers. Additionally, lawsuits based on Section 27 of the Merchant Marine Act are tried before juries, which can lead to potentially larger damage awards if the employer is found liable.

Employer’s Responsibilities

Section 27 of the Merchant Marine Act reinforces clear duties for maritime employers in maintaining workplace safety. These responsibilities extend beyond simply providing a work environment and includes the entire condition of the vessel and the quality of the crew, to name a few of the employer’s duties.

Safe Work Environment

Under the Merchant Marine Act, the responsibility for providing a reasonably safe working environment for seamen falls squarely on the employer. This translates to keeping well-maintained vessels, having proper safety equipment readily available, and implementing adequate safety protocols to minimize hazards.

Seaworthy Vessel

Employers must also ensure that the vessel on which the seaman works is seaworthy. This means the ship must be structurally sound, adequately equipped, and reasonably fit for its intended purpose. Any defects or deficiencies that could endanger the crew render the vessel unseaworthy.

Competent Crew

The employer is also obligated to assemble and keep a competent crew. This means hiring and maintaining a crew that is experienced, properly trained, and capable of performing their duties safely. An employer can be held responsible for injuries caused by a fellow crew member’s incompetence or negligence.

Benefits under the Act

Injured seamen are entitled to benefits known as “maintenance and cure” under Section 27 of the Merchant Marine Act, ensuring financial support during their recovery. These benefits form a safety net that protects seamen financially during their recovery.

Maintenance

This benefit is designed to ensure that an injured seaman’s basic needs are met while they are out of work and recovering. It provides a daily allowance to cover expenses such as:

  • Housing or rent payments
  • Food and groceries
  • Utilities (like electricity, water, heating)
  • Transportation costs for treatment
  • Other essential living expenses

Cure

This benefit focuses on directly covering the injured seaman’s medical costs. The employer is responsible for all reasonable and necessary medical care relating to the injury or illness and includes costs like:

  • Doctor appointments and examinations
  • Hospitalizations and surgeries
  • Prescription medications
  • Physical therapy and rehabilitation
  • Medical equipment

Key Considerations

“Maintenance and cure” benefits operate on a no-fault system, which is a significant departure from the negligence standard required for a lawsuit under other working conditions. This means an injured seaman is entitled to these essential benefits even if their own actions partially contributed to the accident. 
Payments for both maintenance and cure continue until the seaman reaches maximum medical improvement (MMI), the point where their condition stabilizes and further treatment is unlikely to significantly improve their health. 
While employers are obligated to provide maintenance and cure, disputes may arise regarding the appropriate amount of daily maintenance payments, the necessity of specific medical treatments, or the determination that a seaman has reached MMI. In these instances, a skilled maritime attorney is vital to protecting the seaman’s rights and ensuring they receive the full extent of the benefits they are entitled to.

Scope of Coverage

The act does not extend rights to every maritime worker. To qualify as a “seaman” under the law, a worker must meet specific criteria. A “seaman” must contribute to the work or mission of a vessel in navigation. This means more than simply being on a ship; the person’s duties must substantially aid the ship’s operation. 
In addition to the vessel connection requirement, there is also a time requirement. The law states that to be considered “seamen,” workers must spend at least 30% of their working time on a vessel or fleet of vessels.

Typical maritime workers who may be covered include:
  • Crew members on cargo ships, tugboats, ferries, and barges
  • Commercial fishermen
  • Oil rig workers
  • Dredge workers
  • Offshore supply vessel workers

Damages Recoverable Under the Jones Act

When a seaman prevails in a claim based on Section 27 of the Merchant Marine Act, the compensation awarded can be significant. Damages are intended to address the full scope of harm suffered due to their employer’s negligence.

Past and Future Medical Expenses

The Merchant Marine Act ensures that an injured seaman has all necessary medical care paid for. This includes costs not only from their initial injury but any ongoing or future treatments. Expenses like surgeries, hospital stays, medications, rehabilitation, physical therapy, and doctor’s appointments fall under this category.

Lost Wages and Earning Capacity

A work-related injury often means missed time at sea. The Merchant Marine Act allows seamen to recover compensation for lost wages during their recovery. Furthermore, if the injury permanently reduces the seaman’s ability to earn in the future, they can be compensated for that diminished earning capacity.

Pain and Suffering

This category encompasses the intangible harm from a workplace injury. Pain and suffering damages recognize the physical pain endured, both immediately after the accident and potentially in a prolonged sense. Beyond physical symptoms, this category also addresses emotional distress, including fear, anxiety, or mental trauma resulting from the injury and its consequences.

Physical and Emotional Disability

If a seaman’s injury results in a permanent disability, either physical or emotional, they’re entitled to compensation. This considers how the disability impacts their daily life, the ability to participate in their usual activities, and any psychological impairments stemming from the accident.

Disfigurement

In cases where an injury leaves a seaman with visible scarring or permanent disfigurement, they can recover compensation for the impact on their appearance. This includes consideration of the severity of the disfigurement and the psychological toll it may have.

If you’ve been injured in a maritime accident, contact Abraham, Watkins, Nichols, Agosto, Aziz & Stogner today for a free consultation. Our experienced legal team here in Houston, TX, is dedicated to protecting the rights of injured seamen.