Maritime Law and Jones Act

Maritime law known sometimes as the Jones Act was passed by the United States Congress to protect injured seaman who may or may not be otherwise covered by maritime law. This special federal law allows injured workers to sue their employer directly for all damages suffered arising out of a work related accident.

Maritime law covers legal interaction between ship owners, crewmembers, passengers and cargoes on the high seas and other navigable waters. The U.S. Constitution grants federal judicial power to all maritime law cases. The Judiciary Act of 1789 gave the federal district courts exclusive jurisdiction in maritime law cases and made the Supreme Court the final arbiter of admiralty law disputes. However, some state and territorial courts are still allowed to hear some admiralty law cases.

Seamen who are injured on sea going vessels on navigable waters and offshore oil rigs that can be towed and are not permanently affixed to the ocean floor are covered under maritime law. Whether you are a seaman has been extended to a wide range of other individuals under Maritime Law.

The Jones Act

The Jones Act is comprised of the following sub-sections (summarized and paraphrased):

46 U.S.C.S. App. d 688(a): A seaman is entitled to recover damages at law (i.e. money) if he is personally injured during employment and he can elect to have a trial by jury. All statutes modifying or extending the common-law rights and remedies in cases of personal injury to railway employees will apply. (see F.E.L.A. at 45 U.S.C.S. d 51-6 (1939).

If the seaman is killed, his personal representative may bring a Jones Act suit where he may recover money damages, have a trial by jury, and all statutes regulating such causes of action for railway employees will apply. Jurisdiction is the residency of the defendant employer or the locality of his principle place of business.

(b): Limitation for certain aliens; applicability in lieu of other remedy:

(b)(1): Jones Act cause of action will not be maintained unless the seaman is a U.S. citizen or a permanent resident alien at the time the incident occurred.

(b)(1)(A): Jones Act cause of action will not be maintained if the plaintiff was an employee of a business which explores, develops, produces offshore mineral or energy resources including: drilling, mapping, surveying, diving, pipe-laying, maintaining, repairing, constructing, transporting supplies, equipment, or personnel.

A cause of action can be maintained for those seamen injured transporting those resources or by a vessel constructed primarily to carry oil in bulk in the cargo spaces.

(b)(1)(B): A cause of action will not be maintained for incidents which occur in waters overlaying the continental shelf of a nation other than the U.S., or in its territories, or possessions.

(b)(2): A plaintiff may still bring a cause of action although he was prohibited under (b)(1) if he can establish that no remedy was available to him--

(b)(2)(A): --under the laws of the nation which has jurisdiction over the area of the incident.

(b)(2)(B): --under the laws of the nation which during the time of the incident, the Plaintiff maintained citizenship or residency.

Therefore, if you become injured on or near the water, you should talk to a maritime attorney before making a claim or as soon as possible.

I will evaluate your case free of charge. In addition, you will not pay any fees or costs unless I recover money for you. Please fill out the form below or call for an immediate response from me.

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