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| What is the Jones Act? |
TITLE
46. APPENDIX. SHIPPING
CHAPTER 18. MERCHANT SEAMEN
PROTECTION AND RELIEF
Statute: 46 USCS Appx § 688 (2002)
46
USCS § 688. Recovery for injury to or death of seaman
(a)
Application of railway employee statutes; jurisdiction. Any seaman 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 of
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; and in case of the death of any seaman
as a result of any such personal injury the personal representative of
such seaman may maintain an action for damages at law with the right
of trial by jury, and in such action all statutes of the United States
conferring or regulating the right of action for death in the case of
railway employees shall be applicable. Jurisdiction in such actions shall
be under the court of the district in which the defendant employer resides
or in which his principal office is located.
b) Limitation for certain aliens; applicability in lieu of other remedy.
(1) No action may be maintained under subsection (a) or under any other
maritime law of the United States for maintenance and cure or for damages
for the injury or death of a person who was not a citizen or permanent
resident alien of the United States at the time of the incident giving
rise to the action, if the incident occurred--
(A) while that person was in the employ of an enterprise engaged in the
exploration, development, or production of offshore mineral or energy
resources--including but not limited to drilling, mapping, surveying,
diving, pipelaying, maintaining, repairing, constructing, or transporting
supplies, equipment or personnel, but not including transporting those
resources by a vessel constructed or adapted primarily to carry oil in
bulk in the cargo spaces; and
(B) in the territorial waters or waters overlaying the continental
shelf of a nation other than the United States, its territories, or
possessions.
As used in this paragraph, the term "continental shelf" has
the meaning stated in Article I of the 1958 Convention on the Continental
Shelf.
(2) The provisions of paragraph (1) of this subsection shall not be
applicable if the person bringing the action establishes that no remedy
was available to that person--
(A) under the laws of the nation asserting jurisdiction over the area
in which the incident occurred; or
(B) under the laws of the nation in which, at the time of the incident,
the person for whose injury or death a remedy is sought maintained
citizenship or residency
I. IN GENERAL
B. Relationship to Other Available Remedies
1. Traditional Maritime Remedies
9. Modification of maritime law
12. --Relationship to negligence action
13. ----Absolute nature of duty of seaworthiness
2. Remedies Provided by Federal Statute
14. Federal Employees' Compensation Act (5 USCS § § 8101 et seq.)
15. Longshore and Harbor Worker's Compensation Act (33 USCS § § 901 et seq.)
17. Federal Employers' Liability Act (45 USCS § § 51 et seq.)
21. Oceanographic Research Vessels Act (46 USCS Appx § § 441 et seq.)
22. Suits in Admiralty Act (46 USCS Appx § § 741 et seq.)
23. Death on the High Seas Act (46 USCS Appx § § 761 et seq.)
25. --Alternative or cumulative remedies
26. Other federal laws and treaties
3. Remedies Provided by State or Territorial Law
30. --Effect of prior state action on subsequent federal action
31. ----Effect of recovery in state action
32. --Effect of prior federal action on subsequent state action
34. ----Effect of situs of injury; waters of Puerto Rico
35. ------Outside waters of Puerto Rico
36. --Particular circumstances
38. --Action against non-employer
C. Applicability to Foreign Ships, Seamen, and Occurrences
44. --Weighing and balancing of factors
45. --Considerations of comity
48. American territorial waters
50. --Other American contacts present
51. Foreign territorial waters or port
52. --Other American contacts present
53. ----American seaman injured
3. Nationality or Ownership of Vessel
58. American business contacts
59. Voyage to or from American port
60. Injury in American port or waters
61. Multiple American contacts present
c. Foreign Flag Vessels Owned or Operated by American Interests
64. American parent corporation
65. American stock ownership in foreign owner
66. --Particular percentage of stock or number of stockholders
67. Other American contacts present
70. --Other American contacts present
71. Foreign seaman; all contacts foreign
72. --American business contacts
73. --Injury in American port or waters
74. --Voyage to or from American port
75. --Resident of United States
76. --Temporary presence in United States
77. --Presence or residence in United States after injury
80. --Multiple American contacts
81. Collective nationalities of crew
82. Locus of employment contract and articles
85. --Articles and contract signed in different locations
86. Contractual choice of foreign law
89. --Voyage to or from United States
90. --American business contacts
92. Origin and destination of voyage
94. --Foreign round trip touching American port or injury occurring in American port
98. --Principal place of business in United States
101. --Other American business contacts
102. Adequacy of foreign remedy
103. --Availability of foreign forum
104. --Effect of pending or previous foreign litigation
105. --Availability of evidence and testimony
106. --Stipulation to post bond and appear in foreign forum
107. ----Particular circumstances
II. PERSONS ENTITLED TO RECOVER
112. Scope and definition of "seaman"
113. --Construction with Longshore and Harbor Workers' Compensation Act (33 USCS § § 901 et seq.)
116. "Member of crew" as seaman
117. Effect of prior or future status as seaman
b. Tests for Determining Status as Seaman
121. --Particular circumstances
125. --Working on multiple vessels
2. Employed on "Vessel in Navigation"
132. Effect of presence or absence of regular crew
133. Vessels at dock or anchor
134. Vessels laid up or removed from navigation
135. Vessels under construction
136. Vessels undergoing repair
137. Seasonal repairs and laying-up
139. --Question of law or fact
140. --Special purpose structures
142. --Derricks, cranes, and piledrivers
146. --Submersible drilling barges
148. Floating drydocks and related structures
149. Pipe-line laying structures
3. Particular Persons as Seamen
161. Cooks, stewards, and other mess personnel
164. Dockbuilders and piledriver crews
166. --Sand and gravel operations
167. --Temporary assignments off dredge
170. --Stationary drilling platform
171. --Roustabouts and roughnecks
173. Drydock workers and shipbuilders
177. --Effect of sharing catch for wages
178. Independent contractors and employees
179. --Barbers and hairdressers
180. Longshoremen and stevedores
181. --As independent contractors or employees
182. --Injured while on ship or barge
183. --Injured while doing work of seaman
187. Radio and telephone operators
189. Repair and maintenance personnel
190. Scientific and technical personnel
192. Special purpose vessel workers
194. Temporary, casual, or part-time workers
B. Representatives or Beneficiaries of Seamen
202. --Executors or administrators
203. --Procedural considerations
204. Dependency as requisite to recovery
206. --Estranged or non-supporting seaman
214. Relationship with other laws
220. --Particular circumstances
221. Employees of persons other than shipowner
222. Contractual nature of employment
224. --Particular circumstances
B. Particular Persons or Entities as Employers
228. --Bareboat or demise charter
231. --Particular circumstances
234. Government entities--United States
235. --States and state agencies
C. Injury as Sustained in Course of Employment
243. --Particular circumstances
246. Boarding or leaving vessel
247. --Particular circumstances
248. Commuting to and from vessel
249. --Particular circumstances
256. --Higher than for ordinary employer
259. --Particular circumstances
261. --Causal relation to injury
262. Compliance with custom and general practice
263. Degree of negligence required for liability
266. --Particular circumstances
268. --Knowledge of infirmity or illness
270. Fellow servant's negligence
271. --Relationship of 46 USCS Appx § 688 to fellow servant rule
272. --Scope of employment or authority
274. Independent contractor's negligence
275. --Employees of contractor
279. Assisting in leaving vessel
284. Outside scope of employment
285. Within scope of employment
286. Assaults induced by intoxication
287. Employer's knowledge; assailant's violent propensities
b. Assaults Among Crew and Officers
290. By officers or superiors on crewmen
291. By crewmen on officers or superiors
2. Improper Management and Supervision
294. Orders and working conditions
298. Navigation and maneuvering
299. Providing personnel and assistance
305. Failure to provide treatment
306. --Providing medical specialist
309. Lack of knowledge of injury or illness
310. Seaman's refusal of treatment
311. Negligence of ship's doctor
312. Negligence of government hospital or doctor
313. Allowing injured or ill seaman to work
314. Treatment for mental condition
4. Physical Properties of Vessel and Dock
317. --Egress and access to vessel
329. Life-saving devices and procedures
333. Protective and safety equipment
1. Contributory and Comparative Negligence
351. Application to state proceedings
352. Seaman's duty and standard of conduct
353. --Considerations of age and experience
354. Employer's violation of safety rules
355. Performance of supervisory functions
357. Failure to protest, report, or remedy dangerous condition
359. Relation to contributory negligence
360. Applicability to longshoremen and other shore personnel
361. Ordinary risks of occupation
362. Unsafe appliances or working conditions
363. --Seaman's choice between safe and unsafe appliances or methods
3. Contributory Negligence and Assumption of Risk Under Particular Circumstances
371. Fellow servant's negligence
378. Loading and unloading operations
379. Pre-existing disability of seaman
381. Protective devices and safety equipment
385. Stairs, catwalks, and walkways
390. Relationship with other laws
394. --Mistake, deception, coercion
395. ----As to seaman's condition
396. --Necessity of competent advice
397. --Requirement of disclosure by shipowner or agent
398. --Burden of proving validity
400. --Tender of settlement amount
404. Applicable limitation period
405. --Applicability of Federal Employer's Liability Act (45 USCS § § 51 et seq.)
406. --Combined causes of action
407. --Effect of state limitation statutes
408. Substantive character of limitation period
409. Commencement of limitation period--illness
414. --Hardship and special circumstances
416. Effect of expiration on maritime remedies
417. Amendment of complaint following expiration; as to cause of action
420. Waiver or estoppel of assertion of limitation period
424. Use of analogous statutory limitation
D. Collateral Estoppel and Res Judicata
428. Effect of Jones Act proceeding on other federal actions
429. Prior proceeding under Longshore and Harbor Workers' Compensation Act (33 USCS § § 901 et seq.)
430. Relation between Jones Act and general maritime proceedings
431. --Prior Jones Act proceeding
432. --Prior maritime proceeding
433. Effect of prior Jones Act proceeding on State action
434. Effect of prior state action on Jones Act proceeding
435. --Prior workers' compensation proceeding
438. Defense to action under 46 USCS Appx § 688
439. Enjoining Jones Act proceeding
446. Relation to damages under general maritime law
450. Limitation of damages agreements
451. Attorney's fees and costs
452. --Failure to pay maintenance and cure
454. --For inadequate maintenance and cure
456. --Duty to seek medical treatment
458. ----Particular circumstances
459. Apportionment of damages among defendants
461. --Between shipowner and stevedoring company
463. --Where joined with general maritime action
B. Damages for Personal Injury
467. Aggravation of pre-existing injury
468. Loss of consortium, society, and support
471. --Seaman earning more after accident
477. Statutory compensation payments
478. --Longshore and Harbor Workers' Compensation Act (33 USCS § § 901 et seq.)
481. Relation to Federal Employer's Liability Act (45 USCS § § 51 et seq.)
490. Loss of nurture and guidance
493. --Recovery under general maritime law
495. Pain and suffering of decedent
496. --Instantaneous or unconscious death
497. Anguish and grief of survivors
499. Wage increases and decreases
500. Deduction for income taxes
501. Personal expenses of decedent
508. Concurrent state court jurisdiction
509. Applicable substantive law
510. Applicable rules of procedure
511. Sufficiency of contacts with state
512. Suits against United States
513. State boards and commissions
517. --Proceedings in admiralty or at law
518. --In rem or in personam proceedings
522. Sufficiency of contacts with jurisdiction
525. --Pendent, interpleaded, or joined parties
526. --Particular circumstances
527. Federal question jurisdiction
529. Contacts with United States required for jurisdiction over foreign parties
531. Applicability to other actions
535. --Particular circumstances
536. Waiver of objection to venue
537. --Absence or form of appearance
539. Partnerships and unincorporated associations
541. --Applicability of 28 USCS § 1391
542. --"Principal office" defined
543. --Point in time at which corporation is doing business in district
548. Applicability of doctrine where Jones Act applies
550. Availability of evidence and witnesses
551. American contacts; place of injury
552. --Direct or indirect ownership
D. Election of Alternative Remedies
557. Effect on right to jury trial
559. Manner of making election
561. --Amended or subsequent actions
2. Electing Particular Remedies
564. --Effect of previous recovery under 46 USCS Appx § 688
565. Preclusion of double recovery
567. --Necessity of making election
568. Death on High Seas Act (46 USCS Appx § § 761 et seq.)
577. ----In course of employment
580. --Reference to 46 USCS Appx § 688
581. Joinder or severance of claims
582. --Claim for maintenance and cure
583. --Claim for unseaworthiness
584. --Different claims against different defendants
593. Directed verdicts and judgments n. o. v.
594. --Standards for granting or denying
597. Relation to removal provision of 28 USCS § 1445
598. What constitutes separate and distinct actions
599. Circumstances under which removable
600. Waiver of removal objections
607. --Plaintiff's discovery of own statements
608. --Log entries and medical reports
609. Disclosing names of witnesses
615. Effect of joinder of actions
622. Removal of issues from jury
623. Particular issues submitted
626. ----Defect in or use of appliances
629. --Fellow servant's negligence
631. --Seaman's contributory or comparative negligence
635. --Preserving or failing to preserve error
639. Presumptions and inferences
641. --Dependency or pecuniary harm
642. Res ipsa loquitur doctrine
645. --Other particular applications
2. Plaintiff's Burden of Proof
653. Employer-employee relationship
654. --Evidence of payments under 33 USCS § § 901 et seq.
656. --Particular circumstances
3. Defendant's Burden of Proof
662. Contributory negligence and assumption of risk
667. Expert and opinion evidence
668. --Qualifications of experts
671. Written records; log books
673. Other particular evidence
676. Scope and standard of review
678. --Federal rules applicable
680. --Particular circumstances
682. De novo consideration on appeal
683. Lack of witnesses or testimony in lower court
686. Claims of minors
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