Friday, September 12, 2014

All About the Jones Act

The Jones Act is a federal statute enacted in 1920 to help keep the American shipping industry going strong after World War I and to provide protection for workers such as seamen and fishermen from working in needlessly dangerous conditions. 94 years later and the Jones Act remains an extremely important part of maritime law. Under the Jones Act, shipowners are held responsible for any injuries caused by either the negligence of the shipowner or another worker. This protects any worker who spend at least 30% of their time working aboard a vessel in navigation.

do you work on a ship?
Image courtesy of O'Bryan Maritime Lawyers
Along with the Jones Act comes Maintenance and Cure benefits. If a worker is hurt or becomes sick on the job, his/her employer is required to pay the employee for any medical treatment they need in addition to pay for their living expenses.

The Jones Act also regulates what kinds of trade ships can be used in the United States. Under this statute, the only ships allowed to engage in trade between U.S. ports are ships manufactured in the U.S., fly the American flag, and have a staff of at least 75% American citizens.It also only allows foreign ships to only make one stop at a U.S. port in a trip. This stipulation has come under some criticism lately from people who feel this part of the Jones Act is driving up shipping costs. Since foreign ships are only allowed to make one stop in the U.S. they are not able to stop in Hawaii or Alaska before moving on to another U.S. port, which some feel is unfairly making the cost of living higher in Alaska, Hawaii, and U.S. territories Puerto Rico and Guam.

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