The Merchant Marine Act of 1920, also known
as the Jones Act, is a compensation legislation
intended to allow sailors with injuries recover money to help cover the costs
of medical care and health recovery. But it must be noted that it is not
a workers compensation law for seamen and
maritime
workers.
It
is
more
and in some cases less. There are additional benefits if the
injury is caused by negligence on the part
of the employers or the work environment on the
vessel. This compensation of the Jones Act will be discussed later.
About the Jones Act
Injured sailors are entitled to many of the same things covered under other
workers compensation statutes. Among the benefits they receive are payments
while they are incapable of working or otherwise disabled, payment for the
cost of medical care and ongoing rehabilitation, as well as transportation
costs.
In the case that the injury was caused by a negligent working environment,
then the wounded sailor will be entitled to additional damages for Pain and
Suffering.
This act covers the injured seamen, and does not apply to workers who work
on docks. Other Federal statutes cover those injuries that are on the dock,
just as laws are in place to protect workers in general. All Workers Compensation
laws have been legislated with the intention of providing a framework for
protecting workers when they become injured. It prescribes circumstances
under which employers (such as ship owners in the case of the Jones Act)
are deemed responsible for the costs of medical care for an injured sailor,
as well as for any ongoing healthcare for repairing said injury.
Although the intention may be to assist the worker, the very original idea
behind Workers Compensation laws, including the Jones Act, was to reduce
the cost of litigation (Jones Act Lawyer) and provide a
fair process that would assure the sailor receives the timely medical benefits
he/she is entitled
to, without
having
to suffer the financial burden of hiring an Attorney and
forcing the employer to come to court and having a judge adjudicate the damages.
The law, however, is complex, and it may be in your best interest to seek
the advice and counsel of a Jones Act Attorney.
These statutes provide a financial benefit to the employer and employee
in the long run. The Jones Act is one of the most farsighted pieces of legislation
in the history of the United States government. It has provided a lifeline
to many sailors who were injured on the job on sailing vessels. The act has
also spawned many a Jones Act lawsuit, despite the intentions of the original
law.
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