The Merchant Marine Act of 1920 was created to help protect and regulate maritime commerce in U.S. controlled waters, as well as in between U.S. ports. The Act also contained specific provisions in regards to seamen’s rights while in the service of a vessel. Over time, the original Act of 1920 has been updated and modified. Today, the maritime industry refers to this act as the Jones Act.
There are specific provisions within the act that describe the rights of sailors, processes for filing Jones Act claims, how negligence is established, the statute of limitations, and so on. Understanding the complexities of the Act and knowing what to do when injured can be very overwhelming, even for highly skilled and knowledgeable seamen.
In addition, part of the Jones Act allows one to file in federal or state courts. Knowing which court is better is important. If the case is not filed in the right court system, it will affect the maximum amount of money one can recover. In some cases, filing in state court can be better than federal court, while in others the opposite is true.
One of the key factors to be allowed to file a claim under the Jones Act is the injured party must have been a seaman at the time of the accident. If this relationship is non-existent, then the injured party may not be able to file a claim under the Act. However, there could be other legal remedies available, such as the LHWCA (Longshore and Harbor Workers’ Compensation Act).
The LHWCA provides workers’ compensation for maritime workers not considered seamen under the Jones Act. As you can see, without help from your own Jones Act attorney, you might mistakenly assume you had no other legal recourse if you were not considered a seaman.
If you are a maritime worker and are injured while on the job, please feel free to contact Maintenance and Cure, part of Schechter, Shaffer, & Harris, L.L.P., at 1-800-836-5830 for a free consultation with one of our maritime lawyers today!
