What the Jones Act does
Federal statute 46 U.S.C. § 30104 — known as the Jones Act, or the Merchant Marine Act of 1920 — was originally written to maintain U.S.-flagged shipping, U.S. shipbuilding, and a baseline of American maritime competence. Critically for our clients, it also created a private cause of action for merchant mariners, including seamen and fishermen, who are injured in the course of their work.
The Act requires ship owners to keep vessels safe. When an owner is negligent or the vessel is unseaworthy, a qualifying seaman can recover for pain and suffering, lost wages, and other related damages. To qualify, the seaman generally must spend more than 30% of their working time aboard a vessel on navigable waters.
The statute itself is direct:
"A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer."
Foreign crewmembers and arbitration
Foreign crewmembers — or Americans injured under contracts that involve foreign countries — may be required to arbitrate their claims against the cruise line. Under the United Nations Convention, arbitration can be compelled when:
- There's a written agreement to arbitrate.
- The agreement provides for arbitration in a signatory country.
- The agreement arises from a commercial legal relationship.
- A party isn't a U.S. citizen, or the relationship has some reasonable connection to one or more foreign countries.
American crewmembers can also be compelled to arbitrate depending on the language of their contract and the facts of the employment relationship.
If you were injured in the scope of your employment on a vessel due to your employer's negligence, call 305-677-2228 to discuss your case.