Enacted as Section 27 of the Merchant Marine Act of 1920, the Jones Act regulates domestic (“cabotage”) shipping and creates a private-injury cause of action for qualifying maritime workers. (Cato Institute) The Jones Act gives seafarers vital protection: from the moment they’re hurt they receive “maintenance and cure” benefits, and they can sue their employer for any injury in which the employer played even the smallest role.
Core Cabotage Requirements
- Any vessel that moves cargo or passengers between two U.S. ports must be built in the United States, sail under the U.S. flag, and be at least 75 percent owned and crewed by U.S. citizens or permanent residents. (Cato Institute, W3 Marine Insurance)
These protectionist rules support a domestic fleet but—critics argue—also raise transport costs, especially for non-contiguous states and territories. (Cato Institute, Spectrum News)
Rights and Remedies for Injured Seafarers
Who Qualifies?
To sue under the Jones Act, a worker must be a “seaman”—someone whose duties contribute to a vessel in navigation and who spends ≈ 30% or more of their working time aboard. (Maritime Injury Center, Strongpoint Law)
Typical Jones Act seamen include deckhands, divers, engineers, drillers, stewards, cooks, mates, officers, captains, and pilots.
Employer Duties: “Maintenance & Cure”
Employers must provide:
- Maintenance – daily living allowance covering food and shelter ashore.
- Cure – all reasonable medical care until the seaman reaches maximum medical improvement. (Maintenance and Cure, The Voss Law Firm, P.C.)
Failure to pay maintenance & cure promptly can expose an employer to punitive damages. (Cueria Law Firm, LLC)
Bringing a Claim
- Report the injury within seven days to a superior and file an incident report. (Maritime Injury Guide)
- Statute of limitations: three years to file suit (shorter contractual or ticket deadlines cannot shorten this federal period). (Maritime Injury Guide)
Damages Available
| Category | What may be claimed | Key authority |
| Pain & Suffering | Physical pain and mental anguish; no statutory cap—each case valued individually. | (Nolo) |
| Lost Wages & Earning Capacity | Past pay, benefits (e.g., 401 k, vacation), and future income the injury prevents you from earning. | (Maritime Injury Guide) |
| Medical Expenses | All current and projected costs: hospital, rehab, therapy, equipment, transport. | (Maritime Injury Guide) |
| Punitive Damages | Awarded for willful refusal to provide maintenance & cure or reckless disregard of safety/unseaworthiness. | (Cueria Law Firm, LLC) |
| Wrongful-Death Benefits | Dependents may recover lost support, funeral costs, pre-death medical bills, and survivor damages. | (Hofmann & Schweitzer) |
Why the Act Matters Beyond Individual Claims
National Security
The Defense Department relies on a ready reserve of U.S.-flag ships, mariners, and shipyards guaranteed by the Jones Act for wartime sealift and disaster response. The U.S. Navy warns repeal would “hamper [America’s] ability to meet strategic sealift requirements.” (American Maritime Partnership)
Economic Footprint
Roughly 40,000 Jones-Act-qualified vessels support almost 650,000 American jobs and generate about $150 billion a year in economic activity. (American Maritime Partnership)
A Law Under Pressure
- Puerto Rico: Research from Hillberry & Jiménez estimates the Act inflates island prices by the equivalent of a 30 % tariff. (Cato Institute)
- Hawaii & Alaska: Lawmakers such as Rep. Ed Case cite higher costs from limited Jones-Act carriers and have introduced reform bills in 2025. (Spectrum News)
- Counter-studies: Industry-funded analyses find no measurable retail-price premium and emphasize steady freight rates and local jobs. (American Maritime Partnership)
- Calls for Repeal: Think-tanks like the Cato Institute and several state legislatures have openly advocated repeal, claiming the law undermines both competition and defense goals. (Cato Institute, Connecticut Post)
Takeaway
For maritime workers, the Jones Act remains a crucial safety net—providing maintenance & cure from day one and a negligence cause of action when an employer’s fault contributes even slightly to an injury. Understanding the Act’s qualification rules, strict reporting deadlines, and full menu of damages is essential to preserving your rights. If you suffer an on-board injury, document it immediately, seek medical attention, and consult an experienced Jones Act attorney at Law Offices of Preston Easley APC to navigate the complex but powerful remedies the Jones Act provides.
