What is the Jones Act
The Jones Act is known more formally as the Merchant Marine Act of 1920. The United States legislation adopted the name of the Jones Act due to its initial sponsorship from Wesley L. Jones – a Washington Senator. The impetus behind the creation of the Jones Act was to primarily protect individuals who obtained injuries while working at sea.
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Features of the Jones Act 1920
Although the Jones Act was initially created to protect those who work at sea, the scope has extended to protect the families of sea workers who have been injured at sea and thus causing suffering to them also. The Jones Act covers what was a grey area of maritime law with regards to protection seamen against the dangers of working at sea.
The Jones Act 1920 aims to ensure a high level of protection and compensation is awarded to sea workers on U.S ships but it also extends to protecting and regulating the standards and activities of foreign ships partaking in U.S trade. Compensation provided under the Jones Act authorizes any seaman/sailor to bring a case for damages against their employer where their injuries were a result from performing a job at sea and also where the employer has acted in negligence. Damages can also be brought where a seaman was working and ultimately injured on an unseaworthy vessel.
Under the Jones Act 1920, any sailor who receives injuries at sea as a result of performing their job will be entitled to damages and compensation under the “maintenance and cure” section of the act. Maintenance and cure aims to ensure an injured seaman will obtain daily expenses and compensation for medical care to treat the injury.
To qualify for protection under the Jones Act, sea workers must spend a minimum of 30% of their time on a Merchant Marine vessel in active service. This rule is applicable to all levels of crew members on a ship from seaman to the captain.
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