If a maritime employee is injured while working on a vessel operating in navigable U.S. waters, they have the right to pursue compensation for medical costs and other expenses.
This right is possible due to several federal laws that protect maritime workers, with the Merchant Marine Act of 1920, commonly known as the Jones Act, being one of the most significant.
The Jones Act allows injured maritime workers to recover compensation from their employers for injuries sustained in the course of their duties.
History of the Jones Act
The Jones Act, part of the Merchant Marine Act of 1920, was spearheaded by United States Senator Wesley Jones. This legislation established a broad framework to govern all vessels operating in coastal areas, navigable waters, and domestic ports of the United States.
Before the passage of the act, concerns about the rising number of foreign-flagged vessels entering U.S. ports were mounting. Maritime industry professionals worried about the inability to regulate these ships, their cargo, and the practices onboard.
The Merchant Marine Act was enacted to protect not only the United States’ maritime industry but also the safety and well-being of the workers within it.
The law mandates that ships entering U.S. ports must meet specific criteria:
- they must be U.S.-built,
- carry American crews, and;
- sail under the U.S. flag.
These regulations effectively created a buffer to safeguard domestic ports and workers.
By requiring foreign vessels to offload their cargo onto secondary U.S. vessels or ground transportation before proceeding further, the Jones Act allows U.S. officials to inspect the cargo.
This regulatory oversight helps to ensure that all substances, goods, and freight entering U.S. ports are inspected thoroughly before reaching their final destinations.
Understanding “Navigable Waters” and Qualifying Vessels Under the Jones Act
The Jones Act covers navigable waters, defined as “those waters that are subject to the ebb and flow of the tide” and those traditionally used for transportation cargo and commercial endeavors.
This includes lakes, waterways, and rivers accessible from coastal ports. Waterways that extend across more than one state are specifically covered under federal jurisdiction up to the headwaters.
Foreign-owned or -flagged vessels may not travel these waters. This includes any of the following types of ships or floating structures:
- Barges
- Cargo ships
- Commercial fishing boats
- Drilling ships
- Freighters
- Passenger ferries
- Service and supply ships for oil rigs or platforms
- Tug boats
How the Jones Act Protects Maritime Workers
The Jones Act provides critical protections for maritime employees, such as seamen, who face dangerous conditions while working on vessels. If an employee is injured due to the negligence of their employer, they can file a claim for damages under the Jones Act.
Unlike traditional workers’ compensation claims, which often involve no-fault coverage, the Jones Act allows injured workers to sue their employers directly if negligence contributed to the injury.
This can include cases where the vessel was unsafe or inadequately maintained, where the crew was poorly trained, or where unsafe working conditions led to the accident.
Damages that injured maritime employees may recover under the Jones Act can include compensation for medical expenses, lost wages (past and future), pain and suffering, and loss of earning capacity.
In the event of a fatal accident, the family of the deceased worker may be able to bring a wrongful death claim under the Jones Act, or the Death on the High Seas Act (DOHSA).
Who Is Eligible to File a Claim Under the Jones Act?
Those who qualify as “seamen” can use the Jones Act to seek compensation.
They must spend at least 30% of their time working on a specific vessel or fleet of ships, contributing to the necessary functions of the vessel.
They must also work on a ship or floating structure operating in navigable waters. This means port workers may not qualify, but they are often covered under the Longshore and Harbor Workers’ Compensation Act (LHWC).
Under the Act, companies must provide certain benefits to injured workers, regardless of fault or the circumstances.
These are called “maintenance and cure” and serve to pay daily living costs and medical bills. They can include the following:
- Electric, gas, and water bills
- Food costs
- Hospital, surgical, and other medical visits
- Insurance premiums and copays
- Medical devices and equipment
- Medications
- Rent or mortgage payments
If you are injured performing your work duties on your assigned vessel, you can choose your own doctor. Your employer must provide maintenance and cure until you reach maximum medical improvement (MMI).
In some instances, the employer will insist you are ready to return to work before you are ready, so it’s vital to maintain records and get your physician’s statement regarding whether you have achieved MMI and how it’s defined in your unique case.
The Role of the Federal Employers Liability Act (FELA)
The Jones Act also works in conjunction with other legal protections for maritime employees, particularly the Federal Employers Liability Act (FELA).
FELA was enacted to protect railroad workers but has since extended its principles to maritime employees under the Jones Act. FELA allows workers to seek compensation from their employers when negligence is proven to have played a role in the injury.
This federal statute is especially important because it diverges from traditional workers’ compensation laws. Under FELA, the burden is on the injured employee to demonstrate that their employer’s negligence, even if minor, played a part in their injury.
Once negligence is proven, the employee may recover a wide range of damages, including medical costs, future earnings, and compensation for emotional distress.
When Should I File a Jones Act Lawsuit?
Your employer may decide you’ve reached MMI before you are actually healed.
They may refuse to continue your benefits, leaving you worried about how to pay for the treatment you still require, as well as your daily expenses.
If you are facing this situation and wonder whether you should pursue a personal injury lawsuit, it’s time to arrange a Free Consultation with a Houston maritime accident attorney at Williams Hart & Boundas.
Under the Jones Act, you generally have three years to file your claim, but there may be other factors that could shorten or lengthen that timeframe. Contact us today!