Merchant Marine Act

The Merchant Marine Act (“the Act”) is a federal law passed in 1920 in order to regulate maritime commerce in and around the United States waters and ports.  Also commonly referred to as the Jones Act, Section 27 of the Act is designed to support the American maritime industry by requiring that all goods transported between U.S. ports be carried in U.S. ships, built in the U.S., and owned and manned by U.S. citizens. 

Additionally, the Cargo Preference Act was passed as an amendment to the Jones Act, which governs the transportation of cargo on U.S. vessels.  Among other provisions, any foreign repair work done to U.S. vessels is limited to 10% foreign-built steel weight, which largely prevents major repair work on these vessels from occurring abroad.  Many of these provisions have drawn criticism, accusing that Congress has raised the costs of using U.S. cargo shipping prohibitively expensive, and therefore, not competitive in the international market.

Compensation from the Merchant Marine Act

Furthermore, the Act provides a means of compensation for sailors who suffer work-related injury or illness due to the negligence of their employers or co-workers.  Under the Act, injured sailors can bring what amounts to personal injury lawsuits against their employers based on a theory of unseaworthiness or negligence, rights which normally do not exist under international maritime law.  The sailor has a right to a jury trial in this type of legal proceeding; moreover, in order to constitute a covered sailor within the meaning of the Act, the individual must not spend less than 30% of his or her time in the service of a vessel on navigable waters. 

Legal Help

If you believe that you are a covered employee within the meaning of the Merchant Marine Act, and you have suffered an injury or illness as a result of your job, you may have a claim for damages against your employer.  Be sure to contact an attorney immediately following your injury, for a professional assessment of your potential claim.