A Guide to Understanding Maritime Laws, Claims & the Jones Act

When it comes to maritime claims, efficiency and precision are paramount. From understanding ancient doctrines of maritime law to adapting to modern complexities like the Jones Act and the Death on High Seas Act (DOHSA), effectively adjusting a maritime claim requires a thorough grasp of various legal frameworks. 

Understanding Maritime Law 

Maritime law, or admiralty law, governs activities on navigable waters and is traced back to ancient Mediterranean civilizations like the Egyptians and Greeks. These early seafaring societies established the earliest known maritime codes, which evolved to shape today’s laws. 

In the US, maritime law applies to various entities, including crew, shipowners, cargo owners, charterers, and marine insurers. Offshore operations—particularly those involving oil rigs and platforms—raise complex legal questions about the nature of the injured worker and the platform’s location. 

The Jones Act 

Building on the principles of maritime law, the Jones Act, part of the Merchant Marine Act of 1920, is one of the most important statutes in maritime law. It provides critical protection for seamen injured while on the job. Seamen who meet the legal definition—those who contribute to the vessel’s function and spend at least 30% of their time aboard a vessel in navigation—are entitled to file negligence claims under the Jones Act. This allows them to seek compensation for personal injuries or death resulting from their employer’s negligence. 

Real-World Examples of Jones Act Cases 

As maritime claims continue to evolve, the financial stakes remain high. The US Department of Transportation reported that in 2020, maritime injury settlements exceeded $300 million, reflecting the financial stakes involved in these claims. Seamen are entitled to recover damages, including medical expenses, lost wages, and compensation for pain and suffering. 

Death on the High Seas Act (DOHSA) 

Complementing the protections of the Jones Act, the Death on the High Seas Act (DOHSA) provides recourse for families of seamen who died more than three nautical miles from US shores. This act was created to compensate the families of those who die from wrongful acts or negligence in international waters. 

However, DOHSA restricts recovery to economic losses, meaning families cannot claim non-economic damages like loss of companionship. Despite its limitations, DOHSA is essential in providing financial support to seafarers’ families. 

Maintenance & Cure 

The main principle in maritime law is the concept of “maintenance and cure,” an ancient maritime concept that obligates employers to provide for a seaman’s medical care and living expenses if they are injured or fall ill while in service to a vessel. This duty continues until the seaman reaches “maximum medical improvement” (MMI). Unlike standard Workers’ Compensation, which applies to land-based workers, maritime employees are covered exclusively under these maritime protections. 

Your Partner in Maritime Claims 

The legal complexities surrounding maritime claims—from the Jones Act to DOHSA—require specialized knowledge and an informed approach. We understand the unique challenges seamen, ship owners, and insurers face when dealing with maritime claims. Our team is here to ensure that claims are handled professionally and efficiently. 

Contact Blair Michel at blair.michel@us.davies-group.com. to learn how we can assist with your maritime claims.