According to a report from Marine Log, the bipartisan American Offshore Worker Fairness Act has been introduced into the United States Senate. Sponsored by Senator Bill Cassidy (R-Louisiana), the legislation seeks to close a “loophole” in the Jones Act. Here, our Houston Jones Act attorneys highlight three key things to understand about the proposed American Offshore Worker Fairness Act.
1. The Objective: Even Playing Field Between Domestic and Foreign Vessels
As stated by the bill’s sponsors, the primary goal of the American Offshore Worker Fairness Act is to “level the playing field” between foreign workers and domestic workers. Under current U.S. law, all American-based vessels that work offshore in U.S. waters—including in oil platforms and drilling rigs—are required to be manned by American citizens or by workers who have lawful authorization to work in the United States.
However, the Jones Act contains an exception for foriegn based vessels. A vessel operating under a foreign flag can use other labor. To qualify under this Jones Act exception, a vessel must be at least 50% foreign owned. A bipartisan group of legislators believe that the current Jones Act exception is disadvantaged U.S. workers and U.S. companies—both because foreign worker wages are lower on average and because they are not covered by the Jones Act in case of an accident.
2. Limit the Use of Majority Foreign Labor on Offshore Vessels in U.S. Waters
If passed into law in its current form, the American Offshore Worker Fairness Act would modify the Jones Act to reduce the scope of the exemption for foreign vessels. It would require all vessels operating in U.S. offshore waters under a foreign to hire American seamen or seaman from their specific country. They would no longer be permitted to bring in foreign labor in general. Some industry groups and labor union groups have announced public support for this proposal.
3. Workers Covered by the Jones Act May Bring Personal Injury Claims
The Jones Act is a comprehensive, complex federal law. It regulates offshore industries in a number of different ways. For offshore workers, the Jones Act provides very important legal protections in the event of an accident. Under the Jones Act, a qualifying “seaman” (offshore worker) can file a personal injury lawsuit to recover compensation for the full value of their economic and non-economic losses directly against their employee. To prevail, they must prove that they suffered harm due to “unseaworthy” conditions on the vessel.
Call Our Texas Jones Act Attorney for Immediate Help
At the Kolodny Law Firm, our Texas Jones Act lawyer has the specialized skills, experience, and maritime law expertise to protect your rights. If you or your family member was hurt while working aboard a seafaring vessel in the Gulf of Mexico, we can help. Call us or contact our legal team online today for a free, no strings attached review of your case. We represent injured seamen throughout all of Southeast Texas.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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