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The Jones Act allows injured seamen to sue their Employers in a personal injury case. The experienced California Jones Act lawyers at The Law Offices of Preston Easley, APC can represent you in the legal process.
On August 10th, 2026, President Trump extended a Jones Act waiver that was previously in place to ease the flow of goods in light of the ongoing blockage of the Strait of Hormuz. Some people may read about a Jones Act waiver and think that their right to file a personal injury lawsuit against their employer because of negligence has been temporarily canceled. This is not the case. The current Jones Act waiver affects a different area of the law, and it does not supersede your right to file a personal injury claim under the statute.
Discuss your potential Jones Act lawsuit with our office during a free initial consultation. Call The Law Offices of Preston Easley, APC at (310) 773-5207 to begin your potential case.
What Is the Jones Act Waiver That President Trump Issued?
Under the Jones Act, Cargo that has moved by water between United States ports must travel on a vessel that is flagged in the United States. For example, if a cargo ship full of oil travels between Los Angeles and Seattle, it must be on a US-flagged vessel. This is a domestic preference provision that is aimed at propping up the United States shipping industry.
The recent conflict in the Middle East has caused significant disruptions in the energy markets. In response to that, President Trump initially issued a waiver on March 17, 2026, to allow foreign-flagged vessels to transport domestic cargo between U.S, ports when U.S.-flagged vessels were fully utilized. The president has periodically renewed these waivers as they have come close to expiration. The current version of the waiver limits its scope to critical energy and agricultural inputs. In addition, instead of being a blanket waiver, the authorities will consider exceptions to the Jones Act requirements on a case-by-case basis.
The current waiver now runs through November 2026. If the conflict in the Middle East is still ongoing by then, and energy prices remain high, it is logical to expect that the president will issue another extension in the future.
This Waiver Addresses a Different Part of the Jones Act Than Personal Injury
If you are an injured seaman, you do not have to worry that this waiver takes away your legal rights. Based on the way that the law is written, nobody can do that. The Jones Act has multiple parts to it, and your ability to file a personal injury claim remains unchanged. The president’s waiver does not apply at all to your right to financial compensation if you can prove that your employer’s negligence caused your injury. In other words, nothing has changed for injured seamen.
Can I Sue a Foreign Shipper Under the Jones Act?
If you are a U.S. employee who has been injured as a seaman working on a foreign-flagged vessel operating in U.S. waters, you may be wondering whether you can sue the foreign shipper. There is no one quick and ready answer to the question. On one hand, the injury has occurred in us waters. On the other hand, there is a foreign shipper involved, and there are complex jurisdictional issues.
There is no absolute certainty about whether a court will allow you to sue a foreign shipper under the Jones Act. Instead, a court may look to a number of factors in determining whether to exercise jurisdiction, including the following:
- Place of the wrongful act
- Law of the flag
- Nationality/domicile of the injured seaman
- Nationality/allegiance of the shipowner
- Place where the employment contract was made
- Accessibility of the foreign forum
- Law of the forum
As you can see, the place where the negligence occurred is only one factor that can support jurisdiction. There have been cases in which US courts have denied the right to sue a foreign shipper under the Jones Act. However, there have been other instances that have supported a lawsuit. For example, in Hellenic Lines v. Rhoditis, a court allowed an injured worker to file a lawsuit in light of the shipper’s extensive business connections in the United States. In general, there is a chance that these connections can outweigh the fact that a vessel has a foreign flag.
Contact a California Jones Act Law Firm
Jones Act lawsuits often depend on legal interpretations issued by the court and other current developments. The California Jones Act lawyers at The Law Offices Preston Easley, APC keep abreast of all of these to present your most effective case. You can learn whether you have a case and what legal remedies you can pursue by sending us a message online or by calling us today at (310) 773-5207 to schedule a free initial consultation.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
