Subscribe to RSS FeedAlright, settle down. I know you've been waiting to learn all about the Jones Act, but we don't offer that kind of information. We're like a chart in a brochure that gives you some orientation, points out a few prominent features and makes you want to buy the NOAA Chart. Still, that doesn't mean we can't give you some walking around knowledge . . .
First off, remember that the maritime law generally affords special or different protections to crew members. For instance, the Jones Act gives seamen the right to sue for monetary damages arising from personal injuries caused by an employer. The Jones Act was adopted in 1920 and prior to that date a crewmember could only recover against an employer if it could be shown the vessel was unseaworthy.
Now, you're no doubt wondering, how does the Jones Act define "seaman" and my response is that Congress left for lunch during that portion of legislative activity because it's undefined. Yup, case law has been left to navigate these narrows leaving, as you can well imagine, a rich history.
In short, whether or not you qualify as a seaman is a fact-driven inquiry which focuses on the circumstances of your employment. Contribution to the function of a vessel in navigation that is both substantial in terms of duration and nature is the typical focus of any examining court. Duration of employment and the nature of the employee's activities are prime considerations.
Seaman status is not a snapshot kind of thing. In other words, the relationship is viewed from a more long-term perspective such that the fellow who's aboard for the afternoon to fix the electronics is not likely to obtain Jones Act status and, vice-versa, the seaman injured ashore is not likely to lose his/her status.
Next up . . . we talk about the Jones Act and recreational boating.
Underway and making way.
--- JKF
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