The Cabotage Provision of the Jones Act specifies detailed regulations on how passengers and goods are moved to and from United States ports onboard vessels. The provision helps protect the quality and safety of waterways within U.S. waters. The objective of the provision is to ensure that the U.S. shipping and cruise industries remain healthy.

In addition, the Cabotage Provision fosters improved domestic trade between different regions of the county. As a result, this helps promote employment in these industries and increases job opportunities for local labor pools.

In order to guarantee vessels and their crew meet the Cabotage Provision of the Jones Act, there are specific regulations, as follows:

  • Each vessel used to move passengers or goods must be owned by a company based in the United States.
  • The company must have a minimum of 75% ownership by U.S. citizens.
  • The vessel must be registered in a United States port.
  • The vessel must have been built or rebuilt at a United States shipyard within the country.
  • The crew onboard the vessel must consist of a minimum of 75% crewmen who are U.S. citizens.

Can the Cabotage Provision of the Jones Act Be Waived?

The Cabotage Provision of the Jones Act is designed to protect the U.S. shipping and cruise industries. The provision applies to all U.S. ports, including those in Hawaii, Alaska, Puerto Rico, and the U.S. Virgin Islands. There are certain times when the provision can be waived for specific reasons.

Waiving the provision is typically only used when there is a national emergency or another valid reason for doing so. Recently, President Trump waived the Cabotage Provision after Hurricane Maria.

Prior to that, the Secretary of the Department of Homeland Security initiated a seven-day waiver following the devastation caused by Hurricanes Harvey and Irma. The waivers are utilized to help address fuel shortages and getting needed supplies to those in affected regions after a natural disaster.

What Is the Jones Act?

The Jones Act is detailed in Section 27 of the 1920 Merchant Marine Act. The act covers numerous areas of maritime law. Most notably, it helps protect the safety of maritime workers and passengers onboard U.S.-based vessels. The act requires vessel owners to provide a safe working environment, as well as ensure each worker has been properly trained to perform their assigned jobs. The other part of the Jones Act is the Cabotage Provisions, as previously discussed.

Compensation Injured Maritime Workers Could Receive

The Jones Act allows injured maritime workers to file for benefits, similar to Workers’ Compensation for on-land workers. The act allows workers to claim benefits for their medical care and treatment, as well as for maintenance and cure relief.

The maintenance benefit provides weekly payments for lost wages to cover normal and reasonable living expenses, such as room, board, and food. It does not cover living expenses like cable TV or high-speed internet.

Payments are made regardless of fault or negligence for the injuries. Maintenance payments continue until the injured worker is cleared by medical professionals and authorized to return to work.

However, the employer only has to pay maintenance benefits in the amount that would allow you to live in the same manner as you lived onboard the vessel. As a result, most employers end up only paying between $15 and $30 per day.

The cure benefit provides payment for reasonable medical care and treatment for any injuries. The cure payments continue until the injured maritime worker is fully recovered and able to return to work.

If the maritime worker was injured due to the negligence of the employer and/or vessel owner, they may also file a lawsuit against the responsible party with help from a qualified Jones Act attorney. Additionally, one may be entitled to file a lawsuit if the vessel they were working on is considered unseaworthy and unsafe.

Requirements for Filing Jones Act Claims

There can be different circumstances, depending on the type of vessel, working conditions, and extent of injuries sustained while onboard. As such, please keep in mind that the requirements for filing Jones Act claims can and do vary.

fireman get accident in action at work

In general, the injured workers must have been in the service of the vessel at the time of their injuries. Furthermore, the vessel must be considered in navigable waters and in navigation at the time of the accident.

Once maritime workers have been injured, there are specific procedures they must follow to protect their right to file for benefits under the Jones Act, as follows:

  • Report the accident and injury right away. If you wait to report the accident and injury, your employer may believe you do not consider it serious enough to file a claim.
  • Seek onboard medical care and treatment until you can be moved to land for further care and treatment. Refusing treatment is never a good idea, even for minor injuries. It is better to seek treatment to protect your rights to file a claim.
  • If possible, take pictures of the conditions onboard after the accident occurs. If you are not seriously injured and can take pictures after the accident, it could help your claim and prove that your employer or the shipowner was negligent.
  • If possible, write down your account of events which led up to the accident. If you are in a conscious state where you are able to think clearly following your injuries, take the time to write down everything you remember now. Recalling things later could be more difficult and your employer or vessel owner might even try to shift the blame for the accident to you.
  • Contact a Jones Act and maritime injury attorney as soon as possible. You have the right to speak to your own maritime lawyer and seek legal advice following a maritime injury
  • Follow the legal advice given by your maritime lawyer. Your lawyer will advise you what to do next, how to prepare for an interview with your employer’s or vessel owner’s insurance company, and other such details.

When Is It Time to Sue Under the Jones Act?

The time to file a lawsuit will, again, vary based on the specific circumstances relating to the maritime accident and your injuries. If your employer or shipowner is trying to get out of maintenance and cure benefit payments, you will want to take legal action as soon as possible.

judge with gavel on table

If your employer or shipowner is paying maintenance and cure benefits after filing your injury claim, you can only sue them under the Jones Act if they were negligent in some manner that contributed to your injuries.

Negligence could be deemed present for one or more of the following:

  • You were not properly trained for the job you were assigned to do.
  • You were working with other maritime workers who were not properly trained.
  • You were working on a task that was undermanned and which required more workers, yet your employer failed to provide them.
  • The equipment you were told to use was not properly maintained or was not safe to use.
  • The vessel is not considered seaworthy and is unsafe.
  • You were not provided the proper safety and/or personal protection equipment to do the required job.

This is just a small sampling of different reasons your employer or the vessel owner could be considered negligent. To determine whether your employer or the shipowner could be considered negligent, it is highly recommended to speak to an experienced Jones Act attorney.

For further information about maritime admiralty law and the Jones Act claims process after being injured while onboard a vessel, contact the maritime injury lawyers at Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P., today. Our maritime lawyers are available to speak with you 24/7 by calling 1-800-836-5830 now!

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