The Jones Act of 1920 (46 U.S.C.A. § 688 et seq.) gives the right of seaman to recover from an employer for injuries resulting from the employer's negligence. No workers compensation law applies to seaman. The Death on High Seas Act (46 App. U.S.C.A. § 761 et seq.) allows recovery when a seaman dies by negligence, default, or wrongful act on the high seas "beyond a marine league from the shore of any state [territory or dependency]." A marine league is one-twentieth of a degree of latitude, or three miles.
If a cause of the accident is unseaworthiness of the vessel an employed seaman, as well as any other injured party, does not have to show negligence.
Accidents suffered by workers on docks, piers, wharfs, or bridges do not qualify for the application of The Jones Act or Death on High Seas Act. However, personal injuries suffered while aboard a ship or as a result of an air-to-water airplane crash will be considered within the jurisdiction of this Act. DOHSA limits those who may bring wrongful death actions to the decedents' wife, husband, parent, child or dependent relative." In Holly v. Korean Airlines Co., No. 83 CIF. 7988(S.D.N.Y. 1994), the court held that a relative not a wife husband parent or child of the decedent must establish both dependency and pecuniary loss to recover damages under DOHSA. It also concluded that a niece and nephew of the decedent could bring a claim for loss of nurture, care and guidance if the decedent was freely acting in loco parents for them.
The Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C.A. § 901 et seq. [1927]) sets up a federal system to compensate injured maritime workers who are not seaman but work on docks, piers, wharves or bridges. Through the Federal Office of Workers' Compensation Programs, employees such as dock workers receive statutorily provided compensation for injuries suffered in the course of their employment. The Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C.A. § 901 et seq. [1927]) sets up a federal system to compensate injured maritime workers who are not seaman but work on docks, piers, wharves or bridges. Through the Federal Office of Workers' Compensation Programs, employees such as dock workers receive statutorily provided compensation for injuries suffered in the course of their employment. U. S. Federal courts have the authority to try "all Cases of admiralty and maritime Jurisdiction" (U.S. Constitution, Art. III, Sec. 2). However, state courts can also hear admiralty and maritime cases by virtue of the "saving-to-suitors" clause of 28 U.S.C.A. § 1333(1). This clause allows a plaintiff to sue in state court through an ordinary civil action when the court's when legal remedy can be provided in that jurisdiction.. The state court must apply the federal law of admiralty to the admiralty claims.
An investigation goal of maritime employment accidents is to determine whether or not the employee was in the course of employment as a seaman. A seaman is defined as a person who has substantial connection with a vessel. Further, the duties contribute to the "work of the vessel" in navigation or commerce. Finally, the vessel must be in navigation. This means the vessel is in navigable waters and it moves about.
There are a number of liberalized rules of law that apply only to a Jones Act seaman. For instance, under the Jones Act, even the "slightest negligence" is sufficient for finding of liability and "... by comparison, the seaman's duty to protect himself... is slight. His duty is to do the work assigned, not to find the safest method of work." | 