Veteran Miami Maritime and Admiralty Law Attorney Robert Gross on the Jones Act

Some laws will always be vulnerable to political expediency and the forces of special interests. Last month, ninety-two years after the passage of the Jones Act, the efficacy of the law was debated at a Hawaii Venture Capital Association gathering. The Merchant Marines Act of 1920 (commonly referred to as the Jones Act), among other things, allows crewmen who spend at least 30% of their work time on ships or other vessels in navigable waters to sue their employers for injuries sustained in accidents. While the Hawaiian conference didn't specifically target the areas of the law that address seaman's rights, in recent years politicians have pushed for a full repeal of the act. While a repeal of the entire Jones Act does not seem likely in the near future, completely removing this law without instituting replacement legislation could have a deleterious effect on the legal protections of seamen and crew members who work on cruise ships that embark US passengers in not only US ports but around the world. The concern to US citizens who enjoy cruising, is that any reduction of protection for the people who work on these cruise ships will both directly and indirectly affect the quality and safety of the cruise ship experience for its passengers.

How the Jones Act Serves Seamen

Working on ships and other maritime vessels, like barges or oilrigs, is dangerous, and many crew members are injured every year—often, due to the negligence of their employers. The Jones Act allows personal injury attorneys to pursue negligent employers on behalf of their injured clients. When a crew member is injured because of a sudden navigation change, an improperly maintained piece of equipment, or any other workplace accident, he or she may incur expenses due to hospitalization, surgery, medication, rehabilitative therapy, or occupational therapy. In addition, there are also the economic costs of lost wages and diminished work capacity, as well as pain and suffering. Under the Jones Act, employees who are engaged for at least 30% of their working hours are able to retain the services of an admiralty law attorney and pursue the shipping company or vessel owners for compensation for all of their expenses and pain and suffering.

Jones Act Under Fire

Although most of the attacks have been for provisions of the Jones Act that aren't related to employee protections, there have been calls for a full repeal as recently as 2010. As a personal injury attorney representing seamen and crew members from around the world, I would be very concerned with any repeal or modification of the Jones Act unless similar legislation was enacted to replace the provisions that protect the rights of workers. If you are an employee on a vessel that operates on navigable waters and you are injured in an accident, contact a reputable, professional attorney whose practice focuses on Jones Act claims.