The Merchant Marine Act of 1920: Section 27 B The Jones Act

Section 27 of the Merchant Marine Act of 1920 is known as The Jones Act. This act was written to protect seaman who are injured while on a vessel. Basically, the The Jones Act declares the rights of seaman on US owned or operated vessels.

The Jones Act is designed to protect seamen from unsafe living and working conditions while working on a US vessel. This act covers not just the crew, but also the masters of that crew. The employer of the vessel is mandated by US law to compensate an injured seaman while working on board the employer's vessel. Under this act, when seamen are injured they have the right to make a claim and collect from their employers. If the injury is the result of the negligence of the vessel owner, they have the right to file a claim for damages. As well, if the injury resulted from the vessel and staff that created a environment of unseaworthiness, a seaman has the right to make a claim. Injury or death benefits can also be awarded if the vessel was assessed to be in a state of 'unseaworthiness.' A seaman can make a claim under this act if they comply with the The US Supreme Court ruling stating, 'Any worker who spends less than 30 percent of his time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act.'

Under the Act, a seaman can make a claim in the U.S. Federal Court or in a State Court. The act has provisions for providing compensation in certain areas. For instance, compensation can awarded for lost wages as the result of an injury where it can be shown a minimum 1% the fault of the employer. As well, the act gives an injured seaman the right to compensation regarding maintenance and cure until the seaman has been cured, or all medical treatment has been provided in an effort to achieve a cure. This means a seaman is entitled to compensation for medical expenses, accommodations that are comparable to accommodations on the vessel, hospitalization, medicine, doctor care, and nurse care. Maintenance begins once the injured or ill seaman departs the vessel and ends once the seaman has reached a maximum medical cure.

When a seaman has been injured on a vessel, the best thing he or she can do is contact a Jones Act Attorney, especially if the employer is negligent or the vessel is deemed unseaworthy (vessel or crew not fit). A Jone Act attorney specializes in Maritime law. This area of the law can be quite confusing for the novice so it a good idea to have an attorney that understands the act. The attorney will advise a seaman of his or her rights and explain the step-by-step process of obtaining fair compensation. A Jones Act attorney helps seamen navigate the legal process, prepares a case on behalf of their clients, and fights for their clients to ensure they receive the compensation that they deserve. If you have been injured working on a US vessel, you should hire a Jones Act Attorney.