The Jones Act
The Jones Act - Maritime Law
The maritime law known as the Jones Act was passed by the United States Congress to protect injured seaman. Offshore workers, merchant seamen, and others often use the term "maritime law" when referring to the Jones Act. For purposes of this article "maritime law" and "Jones Act are synonymous.Maritime law covers legal affairs and dealings between ship owners, crewmembers, passengers and cargoes on the high seas and other navigable waters. The U.S. Constitution grants federal judicial power to all maritime law cases. The Judiciary Act of 1789 gave the federal district courts exclusive jurisdiction in maritime law cases and made the Supreme Court the final arbiter of admiralty law disputes. State courts are still allowed to hear some admiralty law cases.
Maritime law originated from ancient customs of early Mediterranean seafaring nations. The earliest maritime law is said to have influenced the Roman legal system. Because the fundamental dangers of seafaring have never changed, today's maritime law is a mixture of ancient rules and new laws. In fact, the time-honored principles of "maintenance and cure" are still used today.
The Jones Act is a federal law that regulates shipping, and therefore, job injuries involving "vessels" which are covered under the Jones Act. "Vessels" includes offshore drilling rigs including jack-up drilling rigs, semi-submersible drilling rigs and drill ships. Boats, ships, barges, tugs, crew boats, supply boats, cruise ships, container ship, container ship, fishing ships and boats and even helicopters have been held to be "vessels" under the Jones Act. The Jones Act got it's name from U.S. Senator Wesley Jones who sponsored the bill. The Jones Act has been amended many times and was recently re-codified.
Jones Act law and maritime law are very complex. The statutes, by themselves, are only a small part of Jones Act law and maritime law. Actual court cases which are appealed make up a large part of Jones Act law and maritime law. Generally, Jones Act laws were written to protect people who work on ships, oilrigs, or other sea-going vessels. However, Jones Act law is very different from workers compensation law. Under the Jones Act an injured worker must prove that the ship or drilling rig owner operator were negligent or at fault for your injury.
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