Maritime Law & The Jones ActBoats, ships, even canoes have been used to transport goods and services
for centuries, and the laws regarding these transactions are nearly as
old. This can make legal matters regarding maritime issues incredibly
complex due to the myriad international, federal, and state laws
addressing these areas. While this may seem overwhelming, particularly
if you or someone you love has suffered an injury or an untimely death
as a result of their maritime employment, with the right legal guidance
you will be able to understand the intricacies of these laws and make
the best decisions for your situation. Maritime Law background
Maritime Law, also referred to as Admiralty Law in the United states,
has ties to British maritime laws that were in place during the
seventeenth century. The official beginning to American laws on this
topic, however, was when the Judiciary Act of 1789 was put into effect.
The Judiciary Act placed jurisdiction for admiralty law cases in the
hands of federal courts. However, this is not a universal truth, as the
so-called “savings to suitors” clause allows state courts to hear
certain maritime cases.
The Jones Act
Another commonly included piece of legislation in any conversation about
maritime law is the Jones Act. The Jones Act is officially referred to
as section 27 of the Merchant Marine Act of 1920. Although the rights of
seamen, or maritime employees, have been recognized internationally for
hundreds of years, this law officially codified their rights and
protection under the United States judiciary system. The Jones Act has
been rewritten and amended many times, with the latest version codified
in 2006.
Here are some of the things that you should know about this piece of legislation:
- Legal suits can be brought before either federal or state courts. At
the state level, many lawyers find that protection under the federal
laws is more advantageous and encourage their clients to pursue their
case in federal court accordingly.
- In either state or federal court, the plaintiff (the seaman) is entitled to a trial by jury.
- While the Jones Act bears a good deal of resemblance to other
international maritime laws, there is one major exception: The American
statute gives seamen the right to pursue legal action against ship
owners based on claims of negligence or unseaworthiness. Most
international maritime laws do not give employees this option.
- Generally, the Jones Act applies to anyone who spends at least 30% of
their time on a vessel that is in navigation. However, this guideline
has been very broadly interpreted in the past, so it is best to consult a
legal representative to determine if this includes you or your loved
one. If your situation is not covered under the Jones Act, it may be
covered under the general maritime law or longshore law.
- There is a three year statute of limitations for actions filed under
the Jones Act. Occasionally, there are exceptions to this statute, but
usually only when the ship is owned by the federal government.
Who is entitled to compensation?
One of the most difficult questions when approaching a situation
regarding this area of law is whether or not you are entitled to
compensation, and if so, under which law. As it is in your employer’s
best interest to avoid costly lawsuits and settlements, their lawyer may
offer you misleading or inaccurate advice.
People who may be entitled to compensation under state and federal maritime and admiralty laws include:
- Those who have been injured at work. As referenced above, this
generally includes people who spend at least 30% of their work time on a
ship that is under navigation. However, you may be surprised to note
that this also includes inland river workers and anyone who spends a
significant amount of time on floating and movable structures, even
those that may not be commonly considered a boat or ship.
- Those who have been made to sail or work on unseaworthy vessels
- The loved ones left behind when someone is killed while working on a vessel or due to the unseaworthiness of the vessel.
If you still are not sure if you are included in this group, call a
professional. You may be surprised to know that platform workers are
covered under these laws if they are injured or killed while conducting
activities related to maritime commercial endeavors such as working on
the back deck of a boat or unloading supplies; also, certain onshore oil
industry employees can be covered depending on the circumstances
surrounding their case.
What does compensation entail?
Another tricky question is what exactly is involved in compensation. Is
it simply medical costs? Or does it include other costs incurred as a
result of the injury?
Depending on your situation, compensation may include any or all of the following:
- Maintenance and cure. This is a phrase that may be unfamiliar to those
who have no background in maritime law, but it refers to the right of
every seaman to recover from an injury or illness even if it did not
occur on the ship but while he was under service contract for that ship
and whether it was his or her own fault or that of the employer.
Maintenance includes the costs of room and board that the seaman would
have gotten on board the vessel had injury not occurred, and begins the
day that the injured or ill party leaves the vessel. Cure refers to
medical expenses incurred as a result of the injury or illness.
- Lost wages. This refers to money you would have earned, had you not
been injured by the fault or negligence of your employer. For example,
if your injury has caused you to miss work for six months, then you are
entitled to six months worth of wages.
- Pain and suffering. If you have been seriously injured, you may be
entitled to payments for other reasonable losses you have suffered. This
can be interpreted broadly, and an experienced lawyer will be able to
provide you with greater guidance as to how this can be applied to your
specific situation.
The New Orleans admiralty lawyers
at Greenberg & LaPeyronnie have prosecuted cases in both Louisiana
State and U.S. Federal Courts and are available to discuss your case
when you are ready.
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