Jones Act Coverage (46 USC § 30104) (Negligence Cause of Action)

 Was enacted in 1920 to overrule the portion of the Osceola holding that seamen have no
cause of action for injuries resulting from negligence of their employers.
 “A seaman injured in the course of employment or, if the seaman dies from the injury, the
personal representative of the seamen may elect to bring a civil action at law, with the
right of trial by jury, against the employer. Law’s of the United States regulating recovery
for personal injury to, or death of, a railway employee apply to action under this section.”
o The second sentence of the Act incorporates by reference the Federal Employers’
Liability Act (FELA).
o Panama R. Co: The Jones Act plaintiff can sue in admiralty as well as law.
 The Act’s principal limitations are the “seaman” and “course of employment”
requirements.
 The Act requires the Jones Act defendant to be the plaintiff’s employer.
 No requirement that the injury occur on navigable water (O’Donnell v. Great Lakes:
Vessel’s crew member injured while on land engaged in the vessels work is entitled to
Jones Act remedy because the Jones Act, in extending a right of recovery to the seaman
injured while in the service of his vessel by negligence, has done no more than
supplement the remedy of maintenance and cure for injuries suffered by the seaman,
whether on land or sea.)