You may be surprised to find that you might.
Whoever could have predicted that a federal law enacted in 1920 would be stirring up so much controversy more than a full century later? Well, that’s precisely what’s happened in recent weeks with the Jones Act, which regulates maritime commerce in the United States. The statute, among other things, requires that ships carrying cargo between the nation’s ports must be U.S.-owned, -built, -crewed, and -registered.
Enemies of the Jones Act claim that, due to its restrictions to protect U.S. industries from foreign competition, the law is actually harming the maritime shipping industry and crippling the nation’s economy by causing increased shipping costs.
However, these individuals fail to acknowledge the importance of the Jones Act in protecting merchant mariners – some of whom work in the most dangerous of conditions – from employer negligence and vessels deemed to be unseaworthy.
More specifically, the Jones Act gives seamen who were injured in the course of their employment the right to seek personal injury damages from their employer or the vessel’s owner if their injuries were caused by corporate negligence or an unseaworthy vessel. Furthermore, the law allows Injured seamen to seek compensation for lost earnings, medical expenses, pain, suffering and mental trauma. Under the Jones Act, the burden for proving that the employer or vessel owner’s negligence played a substantial part in causing the injury is also much lower than in standard negligence cases. Additionally, injured seamen can file a Jones Act lawsuit in either state or federal courts. The law also grants them and their families the right to seek a jury trial.
Although shrouded in much controversy, the Jones Act offers protection that can greatly benefit merchant mariners.
Since 1935, MOPS has protected the licenses and livelihoods of more than 80,000 deck and engineering officers, state and federal pilots and certified tankermen.
We cover USCG licensed officers operating aboard vessels of any size in every sector of the maritime industry. If you want a quote, give us a ring at 800-782-8902, ext. 3608 or 3302. Or fill out our online form and we'll email you a quote.