The Jones Act (46 App. USC §688)

The Jones Act regulates the shipping industry. Boat Image Perhaps most importantly, it provides certain relief from employers for injuries sustained by seamen because of negligence. This provision served to extend the existing rights of railway workers against the railroads to seamen engaged in the perilous work of shipping. The act provides remedies not found in general maritime law.

Damages and Negligence

The act has been interpreted by courts to cover future lost wages, living expenses, current and future medical care, and pain and suffering when a seaman has been injured on the job because of negligence. Negligence on the part of an employer or its agents and employees is the distinguishing factor in Jones Act claims. This means that an injured seaman must show that his or her employer’s negligence, even if slight, created or played a part in the circumstances that led to the injury. Negligence has also been shown to exist based on the clear unseaworthiness of a vessel, even if an employer is not responsible for the condition. Injured maritime workers should consult an experienced maritime lawyer to understand the circumstances of their case

Statute of Limitations

A suit under the act must be filed within three years. Courts have held that nearly no circumstances will extend the statute of limitations, barring inducement or trickery, and that state laws generally cannot act upon a plaintiff to shorten the period. However, a maritime employee should act as quickly as possible when injured on board a ship so that an attorney can investigate and prepare the case.

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The Jones Act (46 App. USC §688)

Damages and Negligence

Statute of Limitations

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