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The definition of a "Jones Act vessel" is crucial to the determination of whether an injured worker will be awarded Jones Act benefits. Many courts have considered cases in which the vessel in question may or may not be within the original Jones Act language describing covered vessels; i.e.:
"A structure designed for and being used for the transportation of passengers, cargo or equipment across navigable waters"
Vessels such as cruise ships, cargo ships, transport ships, tugboats and barges are clearly Jones Act vessels, but many newer types of vessels are not as easily defined as covered under the Jones Act. For example, court cases have examined:
The definition of Jones Act vessels has expanded to include some of the above "vessels." In this expansion, courts have ruled that it's not necessary for a structure/vessel to be equipped with navigational aids or self-propelled. In 2005, the U.S. Supreme Court ruled that the term "vessel" under the Jones Act laws includes "every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water."
If you are a sea worker who was injured aboard a vessel but you're not sure whether it's considered a Jones Act vessel, the appropriate source to turn to is a law firm or solo attorney that handles Jones Act cases. This field of law is complicated and subject to change, and it's in your best interest to find legal representation from highly knowledgeable and experienced Jones Act lawyers.
"Jones Act vessels" are also owned by U.S. citizens or U.S. companies. Foreign vessels — that is, foreign-owned or foreign-flagged vessels — were barred from engaging in commerce in U.S. waters between two U.S. ports. However, after Hurricanes Katrina and Rita, foreign vessels were allowed to contribute to commerce in the devastated Gulf Coast area.
In 2008, U.S. Customs and Border Protection (CBP) proposed new rules regarding foreign vessels. The outcome of such changes is not yet known.
Get more information about Jones Act vessel coverage — contact us today to consult a law firm that represents injured sea workers.
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