The Jones Act was passed in 1920 to boost the U.S. economy by restricting port access to American shipyards to only domestically made ships. It also provided financial relief to sailors and crew injured on vessels that operate on navigable waters. The language of the Act is not very clear about what counts as a vessel in order to involve its application and protections, so the definition of a Jones Act vessel has emerged out of hundreds of federal cases that have been considered over the last century.
The Merchant Marine Act of 1920 – AKA the Jones Act
Sponsored by Washington Senator Wesley Jones, the Merchant Marine Act of 1920 is commonly called the Jones Act. This federal law regulates transport in U.S. coastal waters and among domestic ports. It also governs various aspects of the maritime industry.
The goal was to protect ports and shipyards from unknown substances and practices by foreign-flagged vessels operating in domestic waterways. Ships must be built in the United States, staffed with U.S. crews, and sailing under the American flag. In essence, foreign-flagged ships may enter U.S. ports from their non-U.S. destination but may not proceed to any other U.S. port. Their cargo must be offloaded and reloaded onto a U.S. vessel for onward transport.
As it pertains to personal injury claims, the Jones Act extends the protections of the Federal Employer’s Liability Act (FELA) to seamen. In Title 46 U.S.C. § 30104, the Jones Act allows seafaring employees on vessels to bring civil lawsuits against their employers in the event of injury. In the event of death, their personal representatives may bring wrongful death actions under the Death on the High Seas Act. Maritime injury and death cases are eligible for a jury trial court.
The Jones Act applies to maritime environments that constitute a vessel under the law. This means any watercraft or other artificial conveyance that can be used for transport over water. A general overview of the Jones Act shows that any of the following vessels or floating structures qualify under the Act so long as they operate in navigable waters:
- Barges
- Cargo ships
- Commercial fishing boats
- Cruise liners
- Drilling ships
- Ferries
- Freighters
- Oil platform supply and service vessels
- Tug boats
Jones Act Vessel Qualifications
A Jones Act vessel must meet three main qualifications:
The Vessel Must Be Owned by an American or American-Based Company
To file a claim under the Jones Act for personal injury compensation, your vessel must be owned by a U.S. citizen or U.S. based company. Your vessel may operate in international waters, but ownership is the crucial factor. Recall that the Jones Act was passed to offer economic protection for the domestic fleet from foreign ships moving freight and passengers among U.S. coastal ports.
The Vessel Must Operate in Navigable Waters
Every country has a specified distance from its coastline that is considered its territory. The United States is no different, and the Jones Act considers this area to be part of our navigable waters. The Act also includes all rivers and lakes that are accessible from coastal ports. Therefore, no foreign-flagged ships may operate in these waters.
A vessel spending at least 30% of its time in U.S. waters is considered to be under the jurisdiction of the Jones Act. This allows workers on that ship to be eligible for compensation for injuries that occur on the job.
The Vessel Must Transport People or Cargo
Specifically, a Jones Act vessel must have the purpose of transporting goods or passengers between U.S. points or ports. This includes cruise ships, although passengers may not disembark at one port and reembark from a different port except under extreme circumstances.
Additionally, while research and construction vessels operate in navigable waters, they do not qualify for protection under the Jones Act because their primary purpose is not moving people or cargo.
The Most Important Legal Factor Is Whether the Vessel Operates in Navigable Waters
So, how do courts determine if a ship is operating on navigable waters? First, the courts look at whether the vessel’s purpose is for commercial or transport activities. They will examine the origin, destination, and current location of the vessel.
For instance, consider the following examples of ships that are covered by the Jones Act:
- Docked or anchored vessels – The vessel will fall under the Jones Act as long as the vessel is ready for another voyage.
- Vessels in dry dock – If the dry dock repairs are being undertaken to ready the vessel for another voyage, then the ship may be considered in navigation, even though it is not actively about to sail.
- Vessels with sufficient crew – Another consideration is the proportion of crew on the vessel. Even if some of the crew is on vacation, as long as there are enough individuals employed to operate the ship, the Jones Act may still apply.
As you can see, determining whether an injury case can be tried under the Jones Act is very complicated. Each new case has the opportunity to adjust the interpretation of this law.
Cases That Have Shaped the Interpretation of the Jones Act
Another case, Buna v. Pacific Far East Line, Inc. (1977), holds that any floating structure whose purpose is reasonably related to the transportation of cargo, equipment, or passengers could be a vessel.
In 2005, the Supreme Court ruled in Stewart v. Dutra Construction Company that a very large floating dredge counted as a vessel under the Jones Act.
The dredge, named the Super Scoop, was found to meet the requirement of transporting workers and cargo, although it was not self-powered. It required towing by another vessel but was ruled as having the capability to perform as a vessel in navigable waters. This opened the door to allow employees on dredges and offshore drilling platforms to seek financial relief for personal injury claims under the Jones Act.
Potential Compensation in a Jones Act Personal Injury Claim
Working on maritime vessels is extremely dangerous, requiring both training and concentration. A single mistake can put coworkers at high risk for catastrophic injury. When an employer fails to maintain a safe workplace, employees have the right to seek compensation for numerous expenses.
Personal injury claims under the Jones Act allow you to seek financial relief for your economic damages, which have a fixed cost, and non-economic damages, which are subjective. Some examples of economic damages include:
- All doctor visits
- Emergency transport, such as a helicopter flight to a nearby hospital
- ICU, ER, and surgery costs
- In-home nursing care or nursing facility expenses
- Lost future earning capacity if you are disabled
- Lost wages while you cannot work
- Medication expenses
- Therapy and rehabilitation costs
Non-economic losses can also be repaid since the emotional, psychological, and mental injury you suffer may permanently affect your ability to return to work. Examples of non-economic damages are:
- Anxiety, depression, and PTSD
- Emotional distress
- Loss of a limb or amputation
- Loss of enjoyment of life
- Mental anguish
- Permanent disability
