The Jones Act
The Jones Act is a federal statute (46 U.S.C. § 688) that extends the Federal Employer’s Liability Act (FELA) to seaman. Specifically, the Act allows for seamen who were injured at sea during the course of their employment to be compensated after bringing a personal injury action against their employers.
Although this is a federal statute, the plaintiff is permitted to bring the action to federal district court or state court. In addition, the defendant is not entitled to remove the case from a state court to federal district court. While maritime law does not typically allow the right to a jury trial, the Jones Act grants that right for personal injury actions.
Specifically, the law reads: “[a]ny sailor 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 an action all statutes of the U.S. modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply . . . .”
History
The Jones Act became law in 1920 and was originally implemented in order to provide seamen a remedy for injuries or death that resulted from the negligence of an owner, master, or fellow sailor of the vessel. As noted above, the Jones Act allows for seamen to receive a jury trial when others are negligent. Before the Jones Act became law in 1920, seamen were forced to abide by out-of-date legal concepts and court opinions that only protected employers. In general, rights of sailors were quite limited until the passage of this act.
Before the Jones Act, when a sailor was injured because of the negligence of another sailor or the master of the ship, the injured sailor would have no real recourse. Families of sailors who were killed because of negligence were also often left without relief.
Before the Jones Act, general maritime law stated that seamen were entitled to “maintenance and cure.” This is a type of contractual compensation which provides a living allowance for food, lodging, and medical expenses. The only time a seaman was allowed to be compensated under this policy was when the ship was deemed unseaworthy.
The Jones Act is considered to be an important breakthrough in liability law. The Act hoped to highlight the special risks seamen take. While this law is considered to be a milestone, it is not without its challenges. One main issue is that the Act has proven difficult for courts to interpret.
Reform
During the 1980’s, there were arguments that the Jones Act needed reform. Congress was asked to limit the scope of the Act and for the Supreme Court to set a clear standard as to who was covered under the Act. The latter was answered when the Court stated its holding in 1995 in Chandris, Inc. v. Latsis. It was held that two elements must be met in order for the plaintiff to qualify as a sailor under the law:
- The worker’s duties must contribute to the function of the vessel or to the accomplishment of its mission; and
- The worker must have a connection to a vessel in navigation that is substantial in both its duration and nature.
Legal Representation
If you have questions about workers’ compensation issues in the state of Nevada, contact the professionals at 702 DEFENSE today!