The Merchant Marine Act of 1920, also called the Jones Act, was a great step forward for civilian sailors and their families. Prior to its passage, the rights of injured sailors were severely limited. However, increased public awareness of the dangers faced by sailors, coupled with the lobbying of maritime lawyers, led Congress to give injured sailors the right to sue negligent employers and ship owners for compensation in federal court.
The Jones Act essentially provides injured sailors with three remedies: maintenance, cure, and damages. Maintenance and cure are similar to the benefits provided under the workers compensation laws of many states. Maintenance entitles an injured sailor to payments for living expenses during his or her recovery. Cure entitles an injured sailor to medical expenses incurred during recovery. An employer must usually pay these expenses even if it was not responsible for the injury, and maritime injury lawyers can usually ensure that an injured sailor receives a fair amount for maintenance and cure.
The advantage that Jones Act claims have over state workers compensation claims is that an injured sailor may also recover damages if negligence by the employer or a dangerous condition on the ship caused the injury. A maritime injury lawyer can advise you whether a Jones Act claim would be the best course of action.
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