What Is the Jones Act?
Whether you’ve been a passenger on a cruise ship or a crew member on an oil rig, you probably know that you have rights under the Jones Act. This law governs the type of damages that can be claimed if you’re injured or killed on a vessel.
Historically, the Jones Act has been used to provide maritime workers with additional protections. These protections include the right to seek compensation for injuries, as well as vocational retraining. However, most Americans are unaware that the Jones Act exists.
It’s important to understand how the Jones Act affects dredging operations in the United States. A large number of the nation’s ports require dredging. It’s crucial that these operations remain efficient.
It’s also important to recognize the role the Jones Act plays in protecting the employment rights of dredging workers. Unlike longshoremen, dredging workers do not qualify for longshoreman employment rights under the Jones Act.
Maritime workers face a number of dangers in the course of their jobs. The Jones Act is a federal law that protects workers from accidents in the water. It requires that employers maintain structural components, onboard machinery, and safety policies.
Some members of Congress have been working to revise the Jones Act. There have been a number of recent modifications, including the creation of a waiver procedure for offshore “lifting operations.”
The Jones Act is a century old and has seen several legal changes over the years. The Maritime Administration, which is part of the Department of Transportation, has the authority to waive the U.S.-build requirement.
Maritime nations all have a version of salvage law. These are legal mechanisms that allow salvage to be awarded to parties that perform certain functions. The most common applications include ships that have not sunk. In some cases, the owners of the property are allowed to refuse salvage.
It is also possible to award a salvor title to the property in lieu of sale proceeds. The award must be reasonable in value and be limited to the total value of the salvaged property.
The jury is still out on which entity owns the wreck of the Titanic. It has been on the bottom of international waters for decades.
Injuries covered by the Jones Act
Besides being a legal remedy for injured seamen, the Jones Act also pushes for a safer maritime work environment. In addition to allowing sailors to sue their employers for negligence, the act extends benefits under the Federal Employers Liability Act to seamen.
The most notable fact is that the Jones Act is a federal law, but it is still important to workers who work on vessels in the U.S. If an employer fails to provide compensation for injuries, it can ruin the relationship between the worker and the company. The most popular type of Jones Act insurance is Maintenance and Cure. The insurance policy covers wages, medical care, and lost fringe benefits.
Efforts to repeal the act have failed
Efforts to repeal the Jones Act have failed for the past eight years, but the latest legislation appears to be the first stab at a full-blown repeal of U.S. law.
The “Open America’s Waters Act of 2017” was introduced in July. It was named after Senator John McCain, who was fighting aggressive brain tumors at the time. It is not yet clear whether or not it will pass Congress.
Regardless, the Jones Act has been a failure by any measure. It is an unfair regulation, a relic of the 1920s, and a monument to cronyism. It has caused substantial economic harm, stifled domestic shipbuilding, and burdened outlying states. It has squelched competition in the transportation industry, and it has cost the US economy millions.
Wrongful death action
Whether your loved one died while on the job or while being a seafarer, you may be eligible for a wrongful death action under the Jones Act. This type of claim can be filed by the personal representative of the seaman’s estate.
The Jones Act was enacted by Congress in 1920. It is often referred to as the Merchant Marine Act. It gives crewmembers several rights of recovery in the event of a ship collision. These include damages for lost wages, lost services, and loss of caregiving.
In addition to being able to recover for lost wages, you can also file a claim under the Jones Act for any medical expenses that your loved one incurred prior to his or her death. Your family can also file a claim for the costs of funerals and the loss of society.
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