Mississippi Maritime Law under the Jones Act
Merchant Marine Act of 1920
This federal law was sponsored by Senator Wesley L. Jones of Washington and was passed in law by the U.S. Congress in 1920 as 46 U.S.C. § 30104. The Act formalizes the rights of seamen, based on laws already in place for railroad workers.
The language of the law
U.S. Code 46 Appendix Section 688
"Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply..."
Injured sailors can obtain damages from their employers
The Jones is critical to the safety of mariners, because it allows U.S. seamen to bring actions against ship owners under claims of unseaworthiness or negligence. These are rights not afforded by common international maritime law. If a worker at sea is injured on the job due to the negligence of the ship owner, the captain, or fellow members of the crew, the Jones Act may be used to aid the seaman in recovering damages.
Establishing seaman status
The first task in a Jones Act claim is to establish the worker’s status as a seaman on the vessel or offshore rig. The Jones Act is not for tourists who hit their head on a cruise ship or fall down on a floating casino. The act is for the protection of the rights of seamen, who:
- Contribute to the function of the vessel or to the accomplishment of its mission
- Spend more than 30% of their work time associated with the vessel in navigation
The "no snapshot" doctrine
When evaluating a worker’s eligibility for Jones Act protection, the court does not take a snapshot view of the moment the injury occurred. Rather, the court examines the total picture of the worker’s relationship to the vessel. For example, a full-time crew member who is hurt on land while the ship is docked retains his Jones Act protections. Yet a visiting contractor who is injured when he comes aboard the ship for a day’s work does not have special rights under the Jones Act.
Gardner Law Firm knows your rights under the Jones Act
Nearly all maritime on-the-job injuries are covered by the special protections of the Jones Act. If you work on the water and you have been injured, schedule an interview with the attorneys of Gardner Law Firm. Our offices are conveniently located in Pascagoula, Biloxi, and Hattiesburg, MS.
