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Topic: Jones Act


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  Jones Act (sailor rights) - Wikipedia, the free encyclopedia
The Jones Act (aka Merchant Marine Act) is a United States Federal statute that requires U.S.-flagged vessels to be built in the United States, owned by U.S. citizens, and documented under the laws of the United States.
The Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew.
The Jones Act should not be confused with the Longshoremen's and Harbor Workers' Compensation Act, which is a Federal statute that defines the workers' compensation rights of dockside employees whose work affects shipping upon navigable waters.
en.wikipedia.org /wiki/Jones_Act_(sailor_rights)   (467 words)

  
 Jones-Shafroth Act - Wikipedia, the free encyclopedia
The Jones-Shafroth Act (1917), better known as the "Jones Act" or as the 1917 version of the "Organic Act of Puerto Rico," amended the Foraker Act of 1900.
It is named after its sponsors, Representative William Atkinson Jones of Virginia, Chairman of the House Committee on Insular Affairs, and Senator John Shafroth, Chairman of the Senate Committee on Pacific Islands and Puerto Rico.
Acts of the Legislature could be vetoed by the governor; but his veto could be overridden by a two-thirds vote.
en.wikipedia.org /wiki/Jones-Shafroth_Act   (720 words)

  
 Jones Act   (Site not responding. Last check: 2007-10-31)
The Jones Act is the everyday name for Section 27 of the Merchant Marine Act of 1920 (46 U.S.C. CFR 4.80 and 4.80b).
Its intent is very simple, to promote a healthy U.S-Flag fleet and protect that fleet from unfair foreign competition, the Jones Act requires that cargo moving between U.S. ports be carried in a vessel that was built in the United States and is owned (at least 75 percent) by American citizens or corporations.
Since the Jones Act vessels are registered in the United States, our general labor and immigration laws require that crewmembers be American citizens or legal aliens.
www.cruiseco.com /Resources/jones_act.htm   (1030 words)

  
 Evolving Standards Of Jones Act Negligence   (Site not responding. Last check: 2007-10-31)
The reasoning in Rannals was that the Jones Act "incorporates the standards of the Federal Employers Liability Act ("FELA") which renders an employer liable for the injuries negligently inflicted on its employees by its officers, agents, or employees." Hopson v.
The fact that the plaintiff may not be a Jones Act seaman, however, does not preclude the plaintiff from an action under the general Maritime Law for unseaworthiness and negligence, according to one California court.
The basic premises of the Jones Act remain the same; The seaman is the ward of the Court and the Jones Act is remedial legislation and should be interpreted liberally to effect its purpose.
www.hickeylawfirm.com /html/resources/article6.html   (3815 words)

  
 Jones Act Web
Prior to the passing of the Jones Act in 1920 there were no written laws (statues) by Congress to ensure that injured U.S. seamen would be provided for if they were injured.
Few attorneys are familiar enough with the issues and benefits of the Jones Act to effectively represent injured seamen.
Jones Act judgments are typically for much higher amounts than other traditional injury actions, so the selection of a competent attorney is essential for an injured seaman.
www.shipguide.com /the-jones-act.asp   (322 words)

  
 Jones Act Maritime & Offshore Worker Injury Lawyer
The Jones Act 46 U.S.C. 688 (1970) governs the liability of vessel operators and marine employers for the work-related injury or death of an employee.
The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel.
In a Jones Act lawsuit you may seek to recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.
www.jonesact.com   (1484 words)

  
 Jones Act (Towboat Injuries) FAQ
The Jones Act is a law passed by Congress to make work on the river safer and to give a measure of financial recovery to injured workers or families of persons killed while working on the navigable waterways.
Jones Act cases are tried by juries or judges who are instructed to return a fair and adequate verdict for the injury.
The Jones Act realizes that there are a great number of physical injuries that arise from the job, but which do not result from an accident or a direct physical injury.
www.hillboren.com /practice_areas/towboat-faq.html   (2560 words)

  
 Jones Act Claims: Maritime Injury Lawyers   (Site not responding. Last check: 2007-10-31)
The Jones Act provides an injured seaman a remedy against employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a vessel.
The Jones Act applies to negligence claims against a seaman's employer when the employee is injured or killed during the course of employment.
The Jones Act also holds an employer liable for the negligence of other employees or individuals for which the employer is responsible, including the negligence of the seaman's co-workers during the scope of their employment.
www.maritimeinjurylawyers.com /pages/jonesact.html   (648 words)

  
 The Jones Act - Maritime Injury Law
The Jones Act permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a vessel.
The Jones Act reflects that reality of maritime work, and a seaman's employer may be liable for even a small breach of duty which contributes to a seaman's injury.
Jones Act litigation seeks to recover damages for both past and future economic and non-economic losses.
www.expertlaw.com /library/workers_comp/jones_act.html   (841 words)

  
 Special Projects
The theoretical reasoning behind the opposition to the Jones Act is that it is a restraint of free trade between nations.
Because the Jones Act restricts trade between points within the United States opponents argue that it is a restriction of free trade and is equivalent to a tariff on goods and services Hawai'i brings in from the mainland.
In summary, using Jones Act opponents' numbers, there would be a net loss of $257.25 million to $1.5 billion in output per year in Hawai'i, or a loss ranging from $611 to to $3,563 per household if the Jones Act were repealed.
homepages.uhwo.hawaii.edu /~clear/jonesact.html   (1739 words)

  
 Jones Act cases, unseaworthy vessel cases, cruise line cases, pleasure boat and other maritime injury and death cases.
Jones Act cases, unseaworthy vessel cases, cruise line cases, pleasure boat and other maritime injury and death cases.
The Jones Act is a federal statute enacted in 1920 which allows an injured Jones Act seaman to sue his employer for the negligence of the employer or the seaman's co-employees and not be limited to the inadequate workers' compensation laws.
CAUTION: Although Jones Act claims have a three-year statute of limitations (see FAQ#12) other maritime related claims may have as short a time as one year from the date of injury in which to bring a claim.
www.thejonesact.com   (339 words)

  
 Louisiana Maritime Lawyer - Jones Act
The Jones Act is a federal statute found at 46 United States Code 688 that was passed by the United States Congress that allows an injured employee to sue their employer for ALL the damages that the employee has suffered as a result of an injury.
If the Jones Act applies to you, you will not be limited to collecting workers compensation benefits which consist of only medical payments and a small portion of your wages for a fixed period of time.
Instead, if the Jones Act applies and your injury was caused by the negligence of your employer or a co-employee, you may then collect ALL of the damages that you have suffered from your employer.
www.hurtoffshore.com /jones-act.htm   (440 words)

  
 Jones Act - Maritime Sailor Worker Compensation Benefits
The Merchant Marine Act of 1920, also known as the Jones Act, is a compensation legislation intended to allow sailors with injuries recover money to help cover the costs of medical care and health recovery.
It prescribes circumstances under which employers (such as ship owners in the case of the Jones Act) are deemed responsible for the costs of medical care for an injured sailor, as well as for any ongoing healthcare for repairing said injury.
The Jones Act is one of the most farsighted pieces of legislation in the history of the United States government.
www.hrvillage.com /eureka/benefits/jones-act.htm   (370 words)

  
 The complete Jones act of 1920
If mother of deceased seaman, as administratrix, is entitled to recover under Jones Act, 46 USCS Appx § 688, her recovery would not be on behalf of estate but solely as trustee for designated survivers who, in particular case, are widow and minor children of deceased.
Right of action under Jones Act, 46 USCS Appx § 688, is enforceable solely by personal representative who acts as trustee for beneficiaries designated in Jones Act; however, right to maintain action is not limited to personal representative appointed by court of county and state of decedent's last place of residence.
Injured seaman may not amend her Jones Act (46 USCS Appx § 688) complaint to add her spouse's claim for loss of society, because there can be no recovery for loss of consortium in case involving nonfatal injury to seaman under § 688 or general maritime law.
www.1800jonesact.com /1917-jones-act/ii_b.asp   (2182 words)

  
 Jones Act - Maritime Injury Claims
The Jones Act was enacted in recognition of the special circumstances and dangers faced by maritime workers.
The Jones Act is a federal law permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a U.S.-flagged vessel.
In addition to Jones Act remedies, a seaman who is injured on a vessel has the legal right to receive "maintenance and cure" benefits, regardless of who is at fault for the seaman's injury.
www.attorneys-usa.com /workers_comp/jones_act.html   (784 words)

  
 Jones Act/Seamen trial attorneys   (Site not responding. Last check: 2007-10-31)
The maritime law known as the Jones Act was passed by the United States Congress to protect injured seaman who may or may not be otherwise covered by maritime law.
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.
It is equally applicable in cases arising under the Jones Act.
www.mansmann-moore.com /PracticeAreas/JonesAct.asp   (911 words)

  
 Home Page
The Jones Act provides for two types of remedies which are provided until the injured seaman reaches maximum medical improvement.
►Unlike workers compensation, the Jones Act requires proof that the injury was caused in some way by the negligence of the employer, its workers, contractors or agents.
►Jones Act claims may be pursued in State or Federal court and a jury trial is provided to the plaintiff.
www.jonesacthelp.com   (431 words)

  
 What is the Jones Act?
The Jones Act is a law that provides protection to individuals who are members of a crew of a ship or vessel and applies to inland river workers as well as merchant mariners on the seas.
The Jones Act governs the liability of vessel operators and employers when there is a work related injury or death of an employee in the course of their duties aboard the vessels.
In addition to its duties under the Jones Act, a maritime employer also has an obligation to furnish a "seaworthy vessel." This means that all of the equipment on board the vessel (like ratchets, winches, or wires) must perform the job that they are supposed to do.
www.lakinlaw.com /CM/PracticeAreaDescriptions/JonesAct.asp   (545 words)

  
 Global Financial - The FELA & Jones Act in Jeopardy   (Site not responding. Last check: 2007-10-31)
They are longshoremen and railroad workers who are protected by a set of Federal laws because of their dangerous occupations and there is real fear that the Republican led federal government may make moves to repeal protections that have stood in place for these employees for hundreds of years.
The Jones Act was enacted in 1920 to protect injured seamen and it is actually a derivative of the original Federal Employee Liability Act.
In conclusion, the FELA and Jones Act are under fire and with a Republican President like George W. Bush, who has just been elected to a second term, it is important that we all band together to protect the rights of railroad and seamen workers.
www.glofin.com /insurancesettlement/jeopardy_FELA_and_Jones_Act.aspx   (911 words)

  
 Jones Act   (Site not responding. Last check: 2007-10-31)
The Jones Act guarantees that commerce between U.S. ports and on the inland and intracoastal waterway system is reserved for American-built and American-owned boats, registered under U.S. law, manned with American crews.
The Jones Act fleet and the businesses it supports are estimated to support more than 124,000 jobs for mariners, ship repair and construction workers, shoreside personnel, etc. The total amount of taxes paid by these workers exceeds $1.1 billion to the federal government, and another $272 million to the states.
The OCS Act required that equipment on the Shelf be documented under the laws of the United States and crewed by U.S. citizens.
www.gulfcoastmariners.org /issuesjonesact.htm   (2170 words)

  
 Personal Injury Lawyers - Auto Accident Attorneys - Bice, Palermo & Veron - Lake Charles, Louisiana   (Site not responding. Last check: 2007-10-31)
The law fills a gap that exists between the Jones Act, which protects seamen, and state workers' compensation, which cover injuries occurring within a particular state, but not usually on navigable water.
The Longshore and Harbor Workers' Compensation Act also allows an injured worker to sue persons or entities, other than the employer or a co-worker, whom the worker believes to be at fault for his or her injuries.
When a worker is injured on a vessel, for instance, there may be a claim of negligence against the vessel and its owner; however, the worker is not permitted to allege a claim of unseaworthiness, because that claim is reserved to seamen.
www.bice-palermo.com /jones_act_longshore.shtml   (1369 words)

  
 Jones Act & Maritime Law Experts: Schechter, McElwee, Shaffer & Harris, LLP.
With a focus on Jones Act cases, admiralty, maritime law, and litigation against various maritime and offshore energy related interests, the firm also handles matters involving personal injury, wrongful death, medical malpractice, and automobile accidents.
Jones Act and other maritime law cases are quite technical: be sure your legal advice comes from a law firm that has personally handled thousands of these cases.
Whether you are looking for Jones Act consultation, maritime law assistance, or general personal injury advice, please contact us to find out how we can help you.
www.smslegal.com   (282 words)

  
 Jones Act, USL&H - International Special Risks, Inc.
The Merchant Marine Act of 1920, more commonly known as the Jones Act, is a federal act which provides employee benefits similar to State Act Workers Compensation to masters and crew members of US flagged vessels.
State Act Workers Compensation programs do not cover vessel crew and these employees can file suit against their employer for negligence, the negligence of a co-employee or the unseaworthy condition of a vessel under the Jones Act.
Under the Jones Act, employees may bring suit for monetary award for the following damages: medical expense; pain and suffering, both physical and mental for the loss of a limb; mental anguish, depression or any other psychological injury; past loss income; and dollar for dollar loss in earning capacity.
www.isr-insurance.com /acts.html   (241 words)

  
 Houston Maritime Accident Lawyers - Texas Jones Act Accidents
The Jones Act, 46 U.S.C. 688 (1970), is an Act of Congress, which governs the liability of vessel operators and marine employers for the work-related injury or death of an employee.
In essence, the Jones Act provides an injured seaman a remedy under maritime law against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a vessel.
To be Jones Act seaman entitled to sue for negligence, as well as breach of warranty of seaworthiness, but not entitled to longshoremen's compensation, vessel must be in navigation, there must be more or less permanent connection with ship, and worker must be aboard naturally and primarily as aid to navigation.
www.calehrlaw.com /personal_injury_lawyers/maritime_accidents.html   (3717 words)

  
 South Carolina Admiralty Law Attorney | Maritime Law Lawyer | Jones Act Claims Long Shore Workers Compensation Contract ...
If you or a member of your family has suffered an injury covered under the Jones Act or the Longshore and Harbor Workers' Compensation Act, or you are involved in a contract dispute or other matter covered by marine law, Charleston, South Carolina.
We are prepared to handle cases involving catastrophic injuries, wrongful death, and concurrent jurisdiction where Workers' Compensation overlaps a Jones Act Claim or LHWCA claim.
Under the Jones Act, claims provide coverage for injuries suffered by workers on ships, barges, tugboats, riverboats, fishing or shrimping vessels, trawlers, tankers, crew boats, ferryboats, or water taxis.
www.riesenlawfirm.com /PracticeAreas/AdmiraltyMaritimeLaw.asp   (504 words)

  
 Paul Lynch and Associates - Workers Compensation (USL&H, Jones Act, State Workers Compensation Act)
Although these Acts are exclusive of one another it can be difficult to out guess what a court may call as State Act, Jones Act, or USL&H. Different subtleties of who, when, where, and how long can have varying effects on how a judgment may be awarded.
Both State Workers' Compensation and the Longshore Harbor Worker's Compensation Act are nontort and are not subject to the laws of negligence.
The Jones Act is a federal act, which provides employee benefits - similar to Workers' Compensation - to masters and members of a US-flagged vessel.
www.insuremarine.com /WC/wc.html   (822 words)

  
 Jones Act Attorney - Lipcon, Margulies & Alsina, P.A.
The Jones Act is a special federal law passed to protect seafarers.
Under the Jones Act, a seafarer can recover money if injured by reason of his employer's failing to provide a safe place to work.
As an example, if the employer puts the seafarer into a hotel and an accident occurs because of the fault of the hotel, the employer might be liable under the Jones Act.
www.lipcon.com /area_jonesact.shtml   (248 words)

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