WHAT IS THE JONES ACT? The Maritime common law did not provide a seaman with a cause of action against his employer for damages caused by the negligence of co-employees. Congress remedied this by adopting the Jones Act which provides that any seaman who shall suffer personal injury in the course of his employment may . . . maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply . . . 46 U.S.C.A. ‘688. The Jones Act established a right or cause of action for a seaman who is injured through the negligence of his employer while in the course and scope of his duties on a vessel. When a seaman is injured, he may maintain a lawsuit in either federal or state court and seek money damages for pain and suffering, loss of income, as well as past and future medical expenses. You can even recover for loss of meals that you would have received in the duty of the vessel into the future and for the fringe benefits that have been lost due to the injury. IS A JONES ACT CASE BROUGHT IN STATE OR FEDERAL COURT? The Jones Act claim can be brought in either state or federal court. If it is brought in state court it is non-removable, meaning that it can not be removed by the Defendant to federal court. The claim may also be brought in federal court. In federal court, a seaman has the opportunity to elect whether or not he wants his case to be tried by a jury. In federal court the choice of jury or judge is the plaintiff’s alone. However, in state court either the plaintiff or the defendant has the right to request a trial by jury in the Jones Act case. back to top WHAT IS UNSEAWORTHINESS? Under the General Maritime Law, a seaman has the right to a seaworthy vessel. If it is found that the ship was unseaworthy, in any manner, and that the unseaworthy condition was a cause of the injury to the Jones Act seaman, then the vessel owner or operator is liable and must pay damages to the injured seaman. Significantly, the owner’s or operator’s knowledge of an unseaworthy condition is irrelevant. If the unseaworthy condition exists, it is an absolute liability on the part of the vessel owner or operator. It does not matter how the unseaworthy condition arose. The vessel owner or operator must pay damages to the injured seaman. A vessel is seaworthy if it is reasonably fit for its intended use. The duty of seaworthiness extends to the vessel’s appurtenances and equipment, even those not owned by the ship-owner and brought aboard the vessel by third persons. A gangplank is an appurtenance of a vessel. A vessel also may be unseaworthy because it lacks certain equipment, such as thermal boots for seamen required to go ashore in arctic weather. Webb v. Dresser Industries, 536 F .2d 603 (5th Cir. 1976). The courts have also found a breach of the duty of seaworthiness where the ship’s crew was inadequate due to an inadequate number of workers assigned to accomplish a task. If the unseaworthiness action is joined with a Jones Act claim, it may be tried to the jury, either in state or federal court. WHAT IS MAINTENANCE AND CURE? Maintenance and cure is also a general maritime law concept which provides that seamen, when they are injured in the course and scope of their employment or contract an illness of any sort while in the service of the vessel are entitled to maintenance and cure. The remedy is similar to worker’s compensation but more closely resembles health and accident insurance. Liability is imposed upon the employer without regard to fault. The benefits are limited to the seaman’s medical expenses (cure) and a sum for living expenses (maintenance) during the period of treatment and convalescence. Maintenance and cure is derived from ancient sea codes and was incorporated into American Maritime Common Law in the 19th Century. The major role of maintenance and cure is to provide a seaman with medical treatment from his employer or the vessel on which he is a seaman. When the seaman’s illness or injury was not caused by unseaworthiness or employer negligence, liability for maintenance and cure is imposed upon the seaman’s employer. Ordinarily, the vessel owner is the seaman’s employer. If the vessel owner is not the employer, maintenance payments are usually in the amount of $15.00 per day. Occasionally, companies will pay as high as $20-25 per day in maintenance payments. Under the cure obligation, the employer is obligated to pay reasonable medical expenses. The choice of physician is usually up to the seaman. back to top HOW DO I KNOW IF I AM CLASSIFIED AS A SEAMAN UNDER THE JONES ACT? Generally you will be considered a seaman under the law, if you are a permanent member of the crew of a vessel. The classification of a Jones Act seaman, however, is not that certain. In fact, most judges, lawyers and legal scholars are incapable of determining whether or not a person is a seaman under the Jones Act and the question is decided by the trier of fact (the jury or judge). As a rule of thumb, if you are generally a land-based employee you will not qualify as a seaman under the Jones Act. Likewise, if you are permanently assigned to a platform, an immovable platform in the Gulf of Mexico or elsewhere, you will not be eligible for seaman’s benefits under the Jones Act. However, you will have a cause of action as a longshoreman, under the Longshoreman Harbor Worker’s Compensation Act. Also, if you are assigned to several different vessels, especially if they are owned by several different vessel owners, you may not qualify as a seaman under the Jones Act. If you work aboard and are permanently assigned to a jack-up drilling rig, however, you probably would qualify as a Jones Act seaman. WHAT IF I AM INJURED ON THE WATER BUT I WAS NOT ON THE JOB? If you are injured in a recreational boating accident or in any other accident but were not a crew member of a vessel, your case falls under the General Maritime Law. This means that your case is judged by the general rules of negligence law. Some of the more frequently occurring maritime torts are those arising out of collisions between vessels, and claims by maritime workers against the vessels and their operators. The General Maritime Law is not that different from the common law which recognizes the general principles of negligence. The reasonable man standard applies. back to top pyright statement. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. 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