What is the Jones Act?

The Jones Act is a federal law that regulates United States shipping.  Certain provisions of the Jones Act provide protection to workers who are injured during the course and scope of their employment.  The Jones Act refers to workers as "seamen" and employers as "ship owners."  However, courts have expanded the definition of seamen and ship owners to include many occupations and places of work that do not fall within the customary terms of "seaman" and "ship owner."

For a worker to be classified as a Jones Act seaman the worker must be working on a Jones Act "vessel."  Although the Jones Act did not originally define the term "vessel", the courts have interpreted the meaning of the statute to include certain offshore oil rigs such as semi-submersible rigs, jack-up rigs, some production platforms, drill ships, barges, lay barges, casino boats, passenger ships, freighters, container ships, fishing boats, crew boats, supply boats, tugs, tow boats, special purpose vessels and many other floating or floating capable places of work.

Injuries to workers that occur off the vessel may also be covered.  Once a worker establishes his status as a seaman, Jones Act protections follow him even as his activities take him ashore.  In situations where Jones Act workers are traveling between two locations for business purposes or are involved in activities on shore within the course and scope of their employment, they remain covered under the Jones Act at any location.  For example, a Jones Act claim could involve an automobile accident on the freeway if the worker was traveling from one company location to another or being transported in a crew van although no vessel or navigable water is involved.

The Jones Act was originally passed in 1920 by the Congress and signed into law by the President.  It was recently amended and re-codified on October 6, 2006 when President Bush signed the new Jones Act into law.  Changes include venue (where the lawsuit may be filed) and the inclusion of scientists on oceanographic research vessels as "seamen".

Many workers and employers confuse the Jones Act with Workers' Compensation and Longshore Compensation.  Workers should always talk to an attorney when injured on or near the water to determine which law applies to their injury.  The reason for this is that Jones Act settlements are usually much higher than either workers' compensation or longshore compensation settlements. 

Jones Act benefits include maintenance, cure and personal injury damages.  Maintenance means weekly checks and Cure means medical care.  Personal Injury damages include wage and fringe benefit loss, past medical expenses, future medical needs, rehabilitation, occupational therapy, retraining cost, pain and suffering and future pain and suffering, disability, loss of quality of life, impairment and a number of other legal damages.