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The Jones Act is a popular title to two separate pieces of United States Federal legislation. Both the Jones-Shafroth Act, which concerns the government of Puerto Rico, and the Jones Act, which governs workers compensation rights of sailors, were sponsored by Senator Wesley L. Jones from the state of Washington.
The Jones Act allows injured sailors to obtain damages
The Jones Act, also known as the Merchant Marine Act is a Federal statute that allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew. It operates simply, by extending similar legislation already in place that allowed for recoveries by railroad workers and providing that this legislation also applies to sailors. Its operative provision is foundat 46 U.S.C. 688(a), which provides:
- Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply. . . .
The Jones Act was enacted in 1920. The chief statute that it extends to sailors is the Federal Employers Liability Act, also known as FELA.
Like other workers compensation statutes, the Jones Act entitles injured sailors to what the Act calls "transportation, wages, maintenance and cure:" the employer or shipowner must get the sailor home, pay him wages while unable to work, and provide medical care for his injuries until the sailor has recovered all he will be able to. If the sailor's injuries are the result of negligence, whether by the employer, captain, or another crew member, the sailor may be able to obtain damages for pain and suffering from the employer or shipowner as well.
The United States Supreme Court, in the case of Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), has ruled that any worker who spends more than thirty percent of his time in the service of a vessel on navigable waters qualifies as a seaman under the Jones Act. An action under the Jones Act may be brought either in a U.S. federal court or in a state court.
The Jones Act should not be confused with the Longshoremen's and Harbor Workers' Compensation Act, which is a Federal statute that defines the workers compensation rights of dockside employees whose work affects shipping upon navigable waters. The Death on the High Seas Act governs remedies for the survivors of sailors who die on the job.
The Jones-Shafroth Act defines the government of Puerto Rico
The Jones-Shafroth Act conferred United States citizenship to Puerto Ricans, and created the present system of government in Puerto Rico by creating a government mirroring the government structure of the United States.
Powers where separated among an Executive, Judical, and Legislative branch.
The law also provided civil rights to the individual, and created a locally elected bicameral legislature.
The two houses were a Senate consisting of 19 members and a 39-member House of Representatives.
Still, the Governor of Puerto Rico was appointed by the President of the United States. All cabinet officials had to be approved by the United States Senate, and the Congress had the power to veto any law passed by the Puerto Rican Legislature.
Also, the United States Congress had the power to stop any action taken by the legislature in Puerto Rico.
The United States maintained control over fiscal and economic matters and exercised authority over mail services, immigration, defense and other basic governmental matters.
The impetus for this legislation came from a complex of both local and mainland interests. Puerto Ricans lacked internationally recognized citizenship; but the local council was wary of "imposing citizenship." The Jones act also restricted economic trade with other countries. It ultimately also allowed Puerto Ricans to be drafted by the military during the first World War.
The act was signed into law by President Woodrow Wilson on March 2, 1917.
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