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Merchant Marine Act of 1920 a.k.a. Jones Act

Fishermen and other maritime workers face many perils when working on the open seas. Treacherous weather and water conditions can lead to vessel accidents, but that is not the only hazard faced by seamen. They are often victims of drowning accidents, falls, unsafe equipment, assaults and other maritime accidents.

In an effort to protect injured seamen and their families, the U.S. government enacted the Merchant Marine Act of 1920, also referred to as the Jones Act. This federal statute regulates maritime commerce on U.S. waters and between U.S. ports. The law also includes provisions that protect the rights of seamen.

There are sabotage provisions included in the federal statute. These provisions place restrictions on the carriage of goods and passengers between U.S. ports to U.S. built and flagged vessels. According to the cabotage section of the law, at least 75 percent of the crewmembers must be citizens of the United States.

The Jones Act also has a section that discusses the rights of seamen. For centuries, seamen have been protected by the courts and their rights have been recognized. Under the law, injured seamen can obtain damages from their employers for the negligence of the vessel owner, the captain, or other crewmembers. They can also file a claim against the vessel owner based on unseaworthiness or negligence.

To qualify for this protection, the injured maritime worker must be classified as a seaman. A benchmark for Jones Act seaman status was set by the United States Supreme Court in the case of Chandris, Inc. v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995). Based on this benchmark, if a worker spends less than 30 percent of his time in the service of a vessel on navigable waters, it is presumed that he is not a seaman under the Jones Act.


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