Sunday, December 4, 2011

The Seaman's Act

For generations, sailors and commercial fishermen have faced hazardous working conditions and long hours while working on the seas. There was a time when seamen suffered under poorly maintained vessels, abusive employers, low wages and very few labor rights. Fortunately, seamen gained a voice in 1915 with the passage of the La Follette Seamen's Act.Because of the efforts of Robert M. La Follette, in 1915 congress enacted the Seamen's Act, which was formally known as the Act to Promote the Welfare of American Seamen in the Merchant Marine of the United States. The law was designed to provide the merchant marine with rights that were much like the rights acquired by factory workers. Basically, it was designed to improve the safety and security of United States seamen. The Seamen's Act was viewed as the "Magna Charta of the seas."The Seaman's Act contained the following key protections for seamen:1.) Guaranteed minimum standards of cleanliness and safety2.) Limited working hours for 56 per week3.) Established the ability of seamen to sue for damages against negligent ship owners4.) Established the right of crews to draw half pay while in port5.) Recognized the right of seamen to organize.6.) Abolish imprisonment for desertion7.) Reduce penalties for disobedience8.) Establish a minimum quality for rations supplied to seamen9.) Regulate the payment of wages to seamen10.) Set safety requirements, including the provisioning of lifeboats11.) Require a minimum percentage of the seamen aboard a vessel to be qualified, able seamenBenefits for SeamanOne of the circumstances that lead to the seamen's act was the 1912 Titanic tragedy. The seaman's act benefited seaman by mandating respectable treatment and a living wage on American ships. It freed seaman from the bondage of their contracts and to improve maritime safety regulations. But as important as the Seaman's Act was, it did little to help seamen injured as a result or negligence or their employers. Today, injured seamen have the right to sue for injuries caused by negligence under the Jones Act which was adopted in 1920, or in some circumstances under the Longshore and Harbor Workers' Compensation Act, adopted in 1927 which covers most maritime workers not covered by the Jones Act.If you or a loved one receives an injury while working on a U.S. ship, hiring an attorney specializing in maritime law will help you protect your rights and make sure you receive the right the compensation you deserve.

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