H.R.2046 Would Limit Recourse For Shipboard Injuries

H.R.2046 Would Limit Recourse For Shipboard Injuries

Jones Act Repeal Bill Introduced In Congress

      A provision in a House bill would limit the right of foreign officers and crew members injured aboard ship in U.S. waters to file compensation claims in court.
     The restraints would be imposed under Section 9 of H.R. 2046, sponsored by Rep. Nick Smith (R-MI). H.R. 2046 would repeal the Jones Act, the Passenger Vessel Services Act, and all other cabotage laws that hold domestic maritime markets for vessels owned, built, flagged and manned in the U.S.
     Section 9 would apply in cases of job-related injury, disability or death aboard foreign-owned vessels that call on "one or more ports in the United States." Jurisdiction in liability proceedings would be restricted to the court nearest to where the death or injury occurred.
     In addition, U.S. and foreign vessel owners would decide whether to participate in "an authorized compensation plan under the Longshore and Harbor Workers' Compensation Act." Shipowners choosing to participate under the law would not be open to additional legal action by the injured employee or by "any person otherwise entitled to recover damages from the employer based on the injury, disability or death."
     Section 9 was criticized by one labor source as "the proverbial adding of insult to injury." He said officers and crews aboard foreign-flag cargo and cruise vessels "are often subject to economic abuse and exploitation--Section 9 would impose even more indignity on them."

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