Jones Act

The Jones Act (formally the Merchant Marine Act of 1920) is a federal law that lets seamen who are injured in the course of their work sue their employer for negligence. It gives sailors a personal-injury remedy similar to what railroad workers have under the FELA, and it works alongside the older maritime doctrine of "unseaworthiness," which holds shipowners responsible when a vessel or its equipment is not reasonably fit for its intended use.

Origin

The Act was sponsored by Senator Wesley L. Jones of Washington and signed into law on June 5, 1920, to rebuild the U.S. merchant fleet after World War I. Section 33 of the Act, the part that creates the seaman's negligence remedy, is what most asbestos cases rely on and is the section usually meant when lawyers say "the Jones Act."

Significance in Asbestos Context

For decades, ships were insulated with asbestos in boiler rooms, engine rooms, pipe lagging, gaskets, and bulkhead panels, and sailors, engine-room crew, and Merchant Marine veterans worked in those spaces without protection. If you spent time at sea as a crew member, the Jones Act may be the main route to sue a shipowner or operator for that exposure, rather than a standard state workers' compensation or product-liability claim. Whether you qualify turns on "seaman status." Generally, you must have had a substantial connection to a vessel or fleet in navigation, which is why your work history, ship assignments, and discharge papers matter so much. Land-based shipyard workers and longshoremen are usually covered under a different law (the Longshore and Harbor Workers' Compensation Act), so identifying the correct statute early shapes the whole case.

Example Sentence

Because he served as an engine-room oiler on commercial tankers for twelve years, his attorneys filed his mesothelioma claim under the Merchant Marine Act of 1920 rather than as an ordinary state-court product case.

Related Terms

Unseaworthiness Doctrine, Seaman Status, Longshore and Harbor Workers' Compensation Act, Maritime Law, FELA, Unseaworthiness, Maintenance and Cure, Statute of Limitations

Notes

• Gather and preserve your sea service records, discharge certificates (DD-214 if Navy/Merchant Marine, or Coast Guard sea-service letters), union records, and shipping articles. These documents establish seaman status and identify which vessels and owners you sailed under.
• Jones Act claims have a three-year statute of limitations that generally runs from when you knew or should have known your illness was related to your maritime work; tell your lawyer your diagnosis date and when asbestos was first mentioned by a doctor.
• If you worked in a shipyard rather than aboard ship, ask whether your claim falls under the Longshore and Harbor Workers' Compensation Act or state law instead. The wrong statute can defeat an otherwise valid claim.
• Merchant Marine service during WWII and Korea is particularly relevant; veterans groups and the National Maritime Center can help reconstruct service histories if your records are incomplete.