Jones Act

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute establishing support for the development and maintenance of a merchant marine in order to support commercial activity and serve as a naval auxiliary in times of war or national emergency (see 46 USC § 50101 ).

The statute , among other things, requires shipping between U.S. ports to be conducted by US-flag ships. ( 46 USC § 50102 .)

The statute ( 46 U.S.C. § 30104 ) also extends the Federal Employer’s Liability Act (FELA) to seamen . The Act enables seamen who have been injured at sea during the course of their employment to bring a personal injury action against their employers .

Under the Jones Act, the plaintiff may bring an action in federal district court or in state court. The defendant is not entitled to remove the case from a state court to federal court. Although maritime law generally does not afford the plaintiffs the right to a jury trial, the Jones Act grants plaintiffs that right in personal injury actions.

46 U.S.C. § 30104 reads: "A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section."

[Last updated in March of 2022 by the Wex Definitions Team ]

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