Jones Act offshore banking guide

The Jones Act (aka Merchant Marine Act) is a United States Federal statute that requires U.S.-flagged vessels to be built in the United States, owned by U.S. citizens, and documented under the laws of the United States. Documented means "registered, enrolled, or licensed under the laws of the United States." In addition, all officers and 75% of the crew must be U.S. citizens. Vessels that satisfy these requirements comprise the "Jones Act fleet".

The Jones Act restricts the carriage of goods between United States ports to United States flagged vessels.
 

The Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew. It operates simply, by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors. Its operative provision is found at 46 U.S.C. 688(a), which provides:

Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to 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. . . .

The Act was enacted in 1920. The chief statute that it extends to sailors is the Federal Employers Liability Act, also known as FELA.

An injured seamen has three legal remedies. The first is the right to "maintenance and cure," the second is under the Jones Act, and the third is under the doctrine of unseaworthiness. A simple analogy which, while not completely accurate, provides an easy way to distinguish between the three remedies is this: Maintenance (living expenses during recovery) and cure (medical care) is like workers' compensation. A shipowner is required to provide maintenance and cure regardless of whether or not it was negligent in causing the seaman's injuries. The Jones Act is essentially a negligence cause of action. If the shipowner isn't negligent, it has no liability to the seaman under the Jones Act. Unseaworthiness is like products liability law--if the ship or any of its appliances are defective, the seaman can sue the shipowner if he is injured due to the defect.
 

The Jones Act entitles injured sailors to recover past and future wage losses, medical care, and pain and suffering--elements of damages which are generally unavailable under maintenance and cure. Under maintenance and cure the shipowner is only required to provide medical care until the seaman reaches maximum medical cure, after which the duty comes to an end.

The United States Supreme Court, in the case of Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), has ruled that any worker who spends more than thirty percent of his time in the service of a vessel on navigable waters qualifies as a seaman under the Jones Act. An action under the Jones Act may be brought either in a U.S. federal court or in a state court.

The Jones Act should not be confused with the Longshoremen's and Harbor Workers Compensation Act, which is a Federal statute that defines the workers compensation rights of dockside employees whose work affects shipping upon navigable waters. The Death on the High Seas Act governs remedies for the surviving kin of sailors who die on the job.


Questions To Ask Before Hiring A Jones Act Attorney

Before you hire an attorney to represent you on a Maritime or Jones Act related claim you want to make sure that this attorney has significant experience in handling these types of claims. You should ask the following questions before making a decision:


•Ask the attorney whether their initial consultation is free. Almost all Maritime or Jones Act attorneys will provide a free initial consultation. If an attorney will not agree to meet with you for free, you should find one who will.
•Ask the attorney what experience their firm has in handling Maritime or Jones Act claims similar to yours.
•Ask the attorney what types of verdicts and settlements they have been able to obtain for injuries similar to yours, but remember not to rely on this when valuing your case as every case is different.
•Ask the attorney how much your case is worth? A lot of Maritime or Jones Act firms will give you a pie in the sky figure so that you will hire their firm. Any attorney who tells you what your case is worth at your first meeting is not being truthful with you. Without obtaining detailed information such as your medical records and medical prognosis, building theories of liability, a past and future wage loss calculation and other elements it is impossible to arrive at such a figure. However, a lawyer should be able to provide you with a range of verdicts and settlements he or she has obtained for similar injuries. Attorneys who tell you how much a case is worth on the first meeting are often those who later down the road pressure you to take a substantially lower settlement.
•Ask the attorney or law firm representative for a list of past verdicts. The river companies know what law firms are experienced in trying Maritime or Jones Act claims and will extend higher settlement offers to those firms. In order to maximize your recovery you should hire a firm who is willing, able and has a track record to litigate your case.
•If you decide to hire a Maritime or Jones Act attorney or a law firm, make sure you get a satisfactory explanation of the contract that you sign when hiring the attorney and/or firm.
•Make sure you obtain a copy of your contract. This information is important to determine just how much experience an attorney or firm has with Maritime or Jones Act claims.