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Working at sea is unlike any other profession. It is a world of immense skill, relentless hard work, and inherent danger. When you are injured in the service of a vessel, you cannot simply rely on the same laws that protect workers on land. You are a mariner, and you are protected by a powerful and unique federal law: **The Merchant Marine Act of 1920, commonly known as the Jones Act.**
The Jones Act is more than just a statute; it is a seaman's shield. It is a recognition by the U.S. Congress that those who face the perils of the sea deserve special legal protection. It gives injured seamen the right to sue their employers for negligence and recover full compensation for their injuries—a right that most other American workers do not have. However, navigating a Jones Act claim is a complex journey, filled with unique legal standards, strict requirements, and formidable opponents in the form of large maritime corporations and their insurance companies.
This guide was created to be the most comprehensive resource available for injured seamen and their families. We will provide an exhaustive, in-depth exploration of the Jones Act, explaining its history, who it protects, how to prove a claim, and the full range of damages you are entitled to recover. Our mission is to empower you with the knowledge you need to understand your rights and take control of your future.
To fully appreciate the power of the Jones Act, one must understand the world that existed before it. For centuries, under ancient general maritime law, the life of a seaman was harsh and their legal rights were severely limited. An old Supreme Court case, *The Osceola*, established a brutal rule: a seaman could not sue their employer for injuries caused by the negligence of the ship's master or their fellow crew members. Their only remedy was "maintenance and cure"—basic living expenses and medical care. They could not recover any damages for their lost wages, their future inability to work, or their immense pain and suffering.
This left injured seamen and their families destitute. A seaman who lost a limb due to a captain's reckless order would be paid only until his wound healed, and then he would be cast aside, unable to work and with no means of supporting his family. Congress recognized this profound injustice. It understood that seamen are fundamentally different from land-based workers. They are "wards of the admiralty," a legal term recognizing that they are subject to the absolute authority of the ship's master, isolated from the protections of society, and constantly exposed to the unique "perils of the sea."
In 1920, sponsored by Senator Wesley Jones, Congress passed the Merchant Marine Act. Section 33 of this act, now known as the Jones Act, was a revolutionary piece of legislation. It explicitly overturned *The Osceola* and, for the first time, gave seamen the same right to sue their employers for negligence that railroad workers had under the Federal Employers' Liability Act (FELA). The purpose was clear: to create a powerful incentive for vessel owners to provide a safe workplace and to ensure that when they failed to do so, the injured seaman would be made whole.
This is the single most important threshold question in any Jones Act case. The powerful protections of the Act apply *only* to workers who qualify as a "seaman." Determining seaman status is a complex, fact-specific inquiry that has been the subject of countless court battles. Your job title is irrelevant; whether you are a captain, a cook, an engineer, or a deckhand, what matters is your connection to the vessel.
The Supreme Court has established a three-part test to determine seaman status:
Infographic Placeholder: A flowchart titled "Are You a Jones Act Seaman?" that walks the user through the three questions of the legal test.
This is a very broad requirement and the easiest part of the test to meet. You do not need to be involved in the actual navigation of the ship. As long as your work serves the vessel's purpose, you satisfy this element. This includes virtually everyone working on a vessel, such as:
This part of the test has two components: "vessel" and "in navigation."
This is the most complex and heavily contested part of the test. It ensures that the Jones Act only protects true members of the crew who are exposed to the "perils of the sea," not land-based workers who happen to have a brief or temporary connection to a vessel.
Unlike maintenance and cure, a Jones Act claim is a **fault-based** system. To win, you must prove that your employer was negligent and that their negligence caused your injury. However, the Jones Act gives seamen a powerful advantage not found in almost any other area of law.
In a typical personal injury case on land, the injured person must prove that the defendant's negligence was the "proximate cause" of their injury—meaning it was a primary or substantial cause. The Jones Act throws this standard out the window. It uses a much more lenient standard often called the **"featherweight" burden of proof.**
Under this standard, an injured seaman only needs to prove that their employer's negligence played **any part, no matter how slight**, in causing the injury. If an unsafe condition or a negligent act contributed just 1% to the accident, the employer can be held 100% liable for all of the seaman's damages. This is the easiest burden of proof to meet in American law and is a powerful tool for holding employers accountable.
An employer's duty to provide a safe workplace is broad. Negligence can take many forms. Here are some of the most common examples we see in Jones Act cases:
The Jones Act is not the only legal remedy available to an injured seaman. General maritime law provides two other ancient and powerful rights that work in tandem with a Jones Act claim.
A vessel owner has an absolute, non-delegable duty to provide a **seaworthy** vessel. This does not just mean the ship is watertight and won't sink. A vessel is considered "unseaworthy" if any part of it—its hull, its equipment, its crew, or its procedures—is not reasonably fit for its intended purpose. This is a form of **strict liability**, meaning you do not have to prove the owner was negligent. You only have to prove that an unseaworthy condition existed and that it caused your injury.
Examples of unseaworthy conditions include:
An unseaworthiness claim is often brought alongside a Jones Act negligence claim, providing two powerful avenues for recovery.
As we've discussed in our in-depth guide on the topic, maintenance and cure are no-fault benefits owed to any seaman who falls ill or is injured in the service of the ship. "Cure" is the right to have your employer pay for all necessary medical treatment until you reach Maximum Medical Improvement. "Maintenance" is a daily stipend to cover your living expenses. An employer who wrongfully denies these benefits can be sued for the unpaid amounts, plus punitive damages and attorney's fees.
A successful Jones Act claim allows an injured seaman to be "made whole" by recovering the full measure of their losses. These damages are broken down into two main categories: economic (special) damages and non-economic (general) damages.
The legal process can seem daunting, but an experienced maritime law firm will handle every step, allowing you to focus on your recovery. The journey typically involves:
The Jones Act is your shield, but you need an experienced warrior to wield it. The maritime companies have teams of lawyers dedicated to defeating your claim. You deserve a team just as powerful and dedicated fighting for you. If you have been injured at sea, do not delay. Contact us today for a 100% free and confidential consultation to learn how we can put the full force of the Jones Act to work for you.
You Pay Nothing Unless We Win Your Case.
Houston Maritime Attorney
This website is for informational purposes only and does not constitute legal advice. Using this site or communicating with the firm through this site does not form an attorney/client relationship.
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