If you hold any job in the maritime industry, the Jones Act constitutes your means of obtaining compensation from your employer if you become ill or injured. This 1920 federal statute applies the protections of the Federal Employer’s Liability Act to maritime workers.
For all practical purposes, the Jones Act represents the maritime version of the workers’ compensation that most other types of employees have. It covers seamen working on vessels that traverse the oceans or any navigable U.S. river, lake or inland waterway. It allows you to sue your employer for any injury you receive or illness you contract, whether or not your injury or illness is job-related. In addition, your employer must pay your claim even if you bear partial responsibility for your illness or injury.
Maintenance and cure
Maintenance and cure are two key words the Jones Act uses. Maintenance refers to your daily living expenses. Cure refers to your medical bills. The Jones Act requires your employer to pay you both when you become ill or injured. The only limitation is that once you achieve “maximum medical improvement,” your employer can stop paying you, whether or not you incur subsequent medical expenses related to your illness or injury.
In addition to maintenance and cure, the Jones Act requires your employer to pay you your unearned wages during the time you spend recovering from your illness or injury. Here the only limitation, if any, depends on the provisions of the employment contract under which you work. For instance, if your employer hired you to work on a specific voyage only, his or her responsibility to pay your unearned wages while you recover ends when the voyage ends.
All in all, the Jones Act serves as a safety net for injured or ill seamen. The money it requires your employer to pay you will not only cover your medical expenses, but will also give you money to live on during your recovery period.