What are the Jones Act and Maritime Act?
The Jones Act and Maritime Act are two separate federal laws designed to provide protection for seaman and crewman employed aboard vessels. In essence, these acts provide “floating worker’s compensation coverage.” To file a claim in federal court under the Jones Act, the injured party must establish that there is an Employer/Employee relationship between the boat owner and the injured party and that the negligence of the boat owner boat caused the injury. Under the Maritime Act, the injured party must bring a claim against the vessel itself and allege unseaworthiness of the boat. Both of these federal laws are virtually ” No Fault” laws. This means the injured party does not have to prove that the vessel was unseaworthy and caused his injury. It is considered no fault because it is admitted that the person was injured onboard. If a crewman is injured, he can bring suit against the boat owner/employer for negligence and against the vessel for unseaworthiness.
