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Jones Act
L-J
Posted: Wednesday, January 11, 2012 10:47 PM
Joined: 15/11/2008
Posts: 2


I would like to know more about the Jones Act and the first steps in using this act.  Also is there a cut off time from when incident happened to when you use the Jones Act???

Chief
Posted: Wednesday, January 11, 2012 11:46 PM
Joined: 02/06/2008
Posts: 341


It is not normally printed on long rolls of soft white paper so what you can do with it depends on what kind of "incident" you are talking about. Then your question might best be answered by an attorney who knows what the Jones Act is, and what it isn't.

rodsteel
Posted: Thursday, January 12, 2012 2:14 AM
Joined: 25/06/2009
Posts: 277


L-J wrote:
I would like to know more about the Jones Act and the first steps in using this act.  Also is there a cut off time from when incident happened to when you use the Jones Act???


Just Google it (looks like three years ;o))

 

http://en.wikipedia.org/wiki/Merchant_Marine_Act_of_1920

 

and

 

http://www.shipguide.com/jones-act/v_c_1.html

 

Is this what you are looking for?

 

"Seaman's rights

The U.S. Congress adopted the Merchant Marine Act in early June 1920, formerly 46 U.S.C. § 688 and codified on October 6, 2006 as 46 U.S.C. § 30104. The Act formalized the rights of seaman (see: Seaman (Admiralty Law))

It allows injured sailors to make claims and collect from their employers for the negligence of the ship owner,[4] the captain, or fellow members of the crew. It operates simply by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors. Its operative provision is found at 46 U.S.C. § 688(a), which provides:

"Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply..."

This allows seamen to bring actions against ship owners based on claims of unseaworthiness or negligence. These are rights not afforded by common international maritime law.

The United States Supreme Court, in the case of Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), has set a benchmark for determining the status of any employee as a "Jones Act seaman." Any worker who spends less than 30 percent of his time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act. An action under the Act may be brought either in a U.S. federal court or in a state court. The seaman/Plaintiff is entitled to a jury trial, a right which is not afforded in maritime law absent a statute authorizing it."


 
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