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Injured Offshore-Call an Experienced Maritime Lawyer For a Free Consultation: (866) 586-8988 Welcome to the Gulf Coast Maritime blog sponsored by the maritime accident lawyers at Fitts Zehl, LLP. This website will be used to inform mariners and seamen about news and events of interest to workers who are regulated by general maritime law, the Jones Act, Longshore and Harbor Workers' Compensation Act, and the Death on the High Seas Act (DOHSA). Offshore Injuries: If you or a loved one was injured while working offshore, call or email one of the experienced Gulf Coast Jones Act lawyers at Fitts Zehl today at (866) 586-8988 or info@fittszehl.com Fitts Zehl, LLP is comprised of trial lawyers who understand general maritime law, the Jones Act, Longshore and Harbor Workers' Compensation Act, and the Death on the High Seas Act (DOHSA). Our trial firm is committed to effective and efficient representation of mariners and seamen. The heart of our region's commercial and economic community is found within its vastly diverse and perpetually thriving shipping and offshore industries. The Port of Houston is a 25 mile-long complex that is home to both public and private facilities centrally located off the Gulf of Mexico coast. Our hometown port in Houston ranks first in the nation in foreign waterborne tonnage. Furthermore, the Houston Ship Channel is a vital component of our state and national economy. According to the information compiled by the Port of Houston Authority and a 2007 study by Martin Associates, "ship channel-related businesses support more than 785,000 jobs throughout Texas while generating nearly $118 billion of statewide economic impact." The Houston-based maritime attorneys at Fitts Zehl, LLP realize and understand that workers within this vibrant industry constitute not only a significant factor of our state and national economy, but also work amid rigorous and often perilous conditions. Employers and vessel owners are duty-bound not only to ensure that their vessels are free from dangers, but also to warn maritime workers of any hazardous conditions in their workplace. Unfortunately, and despite various legal safeguards, injuries involving seamen and offshore workers can and will occur. It is important that seamen, maritime workers, offshore and coastal workers and any persons employed on ships, offshore oilrigs or other seagoing vessels act quickly to seek professional legal advice and representation in the event of an accident. Because the processes of determining liability and awarding appropriate compensation under state and federal maritime laws can vary widely, the guidance of qualified counsel is essential to achieve a full and equitable recovery. At Fitts Zehl, our Houston-based maritime attorneys and associates offer first-hand, regional knowledge of cases involving mariners and injured seamen. Our personnel possess more than 30 years of combined experience with maritime and admiralty cases. If you or anyone you know has been injured or killed in a maritime accident, if you have any questions, or if you just want to talk to someone who is interested in seeing that you are treated fairly in your maritime workplace, please do not hesitate to contact our staff anytime via telephone at (800) 99-FITTS or via email at info@fittszehl.com. Our phones are answered 24 hours a day, seven days a week. Maritime Law Employees who are injured while working aboard a vessel or while working offshore are forced to navigate through the complexities of Maritime law in order to be compensated for their injuries. Maritime law is extremely complex and often employers and their insurance companies will avoid, at any and all costs, compensating injured mariners and seamen, as required by maritime law. Jones Act The Jones Act was established to protect the livelihood of seamen while they risk their lives working at sea. The Jones Act Attorneys at Fitts Zehl understand how the Jones Act applies to injured seamen. Further, Fitts Zehl understands how employers and insurance companies will try to use the Jones Act as a shield against injured Jones Act employees. The Jones Act is one of the hallmarks of U.S. maritime and admiralty law designed to protect seamen from the dangers associated with their industry. A seaman injured on the job may be entitled to recover specific benefits from their employer including routine compensation and medical assistance. The Act, established in 1920, is extensive in language and scope and has undergone various legal interpretations. While our job and earnest commitment to excellence is to navigate successfully and professionally through the complex provisions of the Jones Act, your path to recovery begins simply by answering three basic questions: 1. Am I qualified to recover under the Jones Act? Federal courts and the United States Supreme Court have determined that the term seamen extends to people employed on a vessel to assist in the main purpose of the voyage. This includes not only river and offshore workers, but also divers and underwater personnel. The Jones Act applies only to seamen who are persons employed by a vessel "in navigation" and who contribute to the vessel's overall function or purpose. Essentially, these are the people who do the ship's work. What's more, The United States Supreme Court, Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995), ruled that any worker who spends more than 30 percent of his time in the service of a vessel on navigable waters qualifies as a seaman under the Jones Act. Jones Act claims may be brought either in a U.S. federal court or in a state court. 2. Must I prove employer wrongdoing or negligence to recover a Jones Act claim? Yes. The Jones Act is not workers' compensation law; meaning that you must prove that the seamen's employer was negligent and at fault for injuries suffered. 3. How long do I have to file a claim? The statute of limitations in a maritime suit varies depending on, among other things, the workers status at the time of the accident. It is important that you contact the admiralty and maritime lawyers at Fitts Zehl as soon as possible after you or a loved one has been injured. Longshore and Harbor Workers' Compensation Act (LHWCA) The Longshore and Harbor Workers' Compensation Act was established to help workers who face risks similar to those that Jones Act seamen face, but who are not covered under the act. The Maritime lawyers at Fitts Zehl, LLP understand how and when the Longshore and Harbor Workers' Compensation Act applies. This enables Fitts Zehl, LLP to maximize the recovery for injured Longshoremen and Harbor Workers. The Longshore and Harbor Workers' Compensation Act, a law administered by the U.S. Department of Labor, provides medical benefits, compensation for lost wages, and rehabilitation services to longshoremen, harbor workers and other maritime workers who are injured during the course of employment or suffer from diseases caused or worsened by conditions of employment. This law was designed to fill the gaps between the Jones Act and state workers' compensation laws. Unlike those laws, the Longshore and Harbor Worker's Compensation Act provides protection to maritime workers who are injured on navigable waters, and does depend on the state where the injury occurred. Those who qualify under this Act do not have to prove the employer's fault in order to recover, and are often entitled to disability benefits. If you or a loved one was seriously injured while working as a crewman on a boat or vessel, our experienced maritime attorneys can assist with your and your family's recovery. Death on the High Seas Act (DOHSA) After realizing that widows of seamen were encountering serious difficulties trying to recover damages resulting from the loss of their husbands, Congress passed the Death on the High Seas Act. This act dictates who can recover on behalf of a seaman who was killed by a wrongful or negligent act, or default occurring on the high seas at least 3 nautical miles from the shore of the United States. The act allows the personal representative of the estate to recover lost future wages of the seamen. The maritime lawyers at Fitts Zehl can help grieving families recover the maximum amount of damages after losing a loved one at sea. The attorneys at Fitts Zehl understand that maritime disasters can occur with impacts that far extend from injuries. Sometimes these disasters can cause deaths that lead to difficult times for families. The Death on the High Seas Act (DOHSA) originally was enacted in 1920 to provide recovery for marine disaster victims. This law allowed families of seamen to recover damages for future earnings. DOHSA recently has been amended to allow for recovery of not just economic losses but also for emotional and companionship loss caused by a worker's death. If your family has suffered the loss of a seaman or maritime worker, you and your families are entitled to recover under the Death on the High Seas Act. We encourage you to contact our maritime attorneys immediately to discuss your claim.
When Ships Collide: Presumption of Fault When a moving vessel strikes a non-moving vessel, the moving vessel is presumed to be at fault. This occurrence, known as an allision, differs from a collision in that one of the vessels involved must be anchored or moored to a fixed position. This presumption can be rebutted but only if the moving vessel demonstrates by a preponderance of the evidence that the moving vessel acted with reasonable care, the stationary ship caused the allision or the contact was an unavoidable accident. According to maritime law, damages stemming from negligent piloting of the ship will result in the liability in personam of both the vessel's owner and operator. From bad weather to rough seas, offshore workers face a large number of naturally occurring dangers every day. The negligent operation of a vessel is an unacceptable hazard to add to those ever-present dangers. The only way to deter this kind of activity is to hold the offenders accountable. In case of an injury resulting from an allision, contact the experienced Texas Jones Act attorneys at the law firm of Fitts Zehl by phone at (713) 491-6064 or email info@fittszehl.com. Our aggressive legal team will fight hard to earn you every dollar that you have coming. Contact us today.
Barratry-What You Need to Know The dangers of working at sea are numerous. Be it inclement weather, the negligence of a crewmember or the unseaworthiness of the vessel itself, there is no shortage of things that can go wrong. Unfortunately, there is another type of danger that offshore workers need to be aware of and that is the danger of barratry. Barratry is defined as misconduct on the part of the ship’s crew or its captain that results in damages to the vessel or its cargo. This can include stealing the ship itself or any part of its cargo, scuttling the ship and even deserting the ship. In addition, any crewmember injuries stemming from a shipmaster’s act of barratry may be pursued under the Jones Act. Remember, the Jones Act exists to help you. It is in place in order to provide a remedy to any seaman injured due to the negligence of his employer or co-workers, regardless of fault. If you or someone you know has been the victim of barratry, contact the experienced Texas and Louisiana Jones Act attorneys by phone (713) 491-6064 or email info@fittszehl.com. We will not rest until you are fully compensated for your losses.
Jones Act-Proving Negligence Following an offshore injury, it becomes necessary to establish employer negligence in order to recover under the Jones Act. The burden of proving negligence rests squarely on the plaintiff. Fortunately, in Jones Act cases, only a small amount of evidence is necessary to uphold a finding of negligence under the given facts. Additionally, in Jones Act cases, the employer may not utilize any common law defenses and for all intents and purposes the determination rests solely upon whether or not employer negligence played even the slightest role in the incident that is the basis of the suit. The burden of the seaman is considered met, and the obligation of the employer to pay damages manifests, when there is the slightest proof, even if it is entirely circumstantial, to persuade the jury that the employer was in any way negligent. The theory of assumed risk, where the Plaintiff knowingly undertakes a dangerous duty, may not be relied upon as a defense in an action under the Jones Act. In addition, contributory negligence, the idea that the Plaintiff contributed to his own injury, does not operate as a defense to a suit under the act. Instead, it may only serve as a factor to be considered by the jury in reducing the amount of damages that will be recoverable. However, as is illustrated by the case of Diamond Offshore Management Co. v. Guidry, 171 S.W.3d 840 (Tex. 2005), there are certain circumstances under which you would not be able to recover for your injuries. In this case, a seaman acted inappropriately while on shore leave and became intoxicated. Because of his course of conduct prior to being injured he was deemed to be outside the scope of his employment and thus precluded from collecting damages under the Act. If you or someone you know has been injured offshore contact the experienced Texas and Louisiana Jones Act attorneys at Fitts Zehl. We have the resources and expertise necessary to get you the money you deserve. Contact us today by phone (713) 491-6064 or email info@fittszehl.com.
LHWCA-What If I?ve Been Injured By a Vessel? When someone covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA) is injured by a vessel, that individual is entitled to pursue the negligent vessel as a third party. Essentially, if you are hurt by a vessel, you may sue that vessel in order to recover damages under 33 USC § 933 of the LHWCA. In addition, your employer will not be liable to that third party vessel for your damages. There are a few exceptions to this general rule. First of all, if you were employed by the vessel to provide stevedoring services and your injury stems from the negligence of those aiding you in providing said services, you will not be able to recover against the vessel. Also, if you were employed to provide shipbuilding, repairing or breaking services and your employer was the owner, operator or charterer of the vessel, you will be unable to recover against your employer or his other employees. In order to navigate the complexities of maritime law, one must be well-versed in several unique areas of law including the Jones Act, LHWCA and the Death on the High Seas Act (DOHSA). The vast majority of attorneys will never handle an offshore injury case. The fact is that most lawyers are ill-equipped to help you. If you or a loved one has been injured offshore, contact the experienced Texas and Louisiana maritime attorneys at Fitts Zehl by phone (713) 491-6064 or email info@fittszehl.com. We’ll work hard, using our extensive resources and expertise, to recover every penny owed to you by those responsible for your injuries.
Jones Act-What if I Contributed to my Injury? In the aftermath of an accident, many unsettling thoughts can race through an injured seaman's mind. How did this happen? What if the accident was partially my fault? How will I recover money for my damages? According to the doctrine of contributory fault, when a defendant alleges that a seaman contributed to his own injury, the burden of proof rests on that defendant. A seaman only has a slight duty to exercise care in protecting himself while working. This means that the following demonstrations against an injured seaman are insufficient to prove contributory fault: •· Plaintiff knowingly accepted working under dangerous conditions; •· Plaintiff followed his employer's instructions, express or implied, that he perform a dangerous job, or work in a dangerous place or under unsafe conditions; •· Plaintiff carried out orders that resulted in his injury even though he recognized the dangers involved. As you can see, it takes more than just a simple showing of a seaman's willingness to please his boss in order to prove contributory fault. The defendant must actually prove that the plaintiff was injured due to his own decisions. For example, plaintiff may be found to be contributorily negligent if he chose to perform a work-related task in a manner that exposed him to the risk of serious injury even though a safer alternative was reasonably available to him. If you or someone you know has been injured offshore, contact the experienced Texas Jones Act attorneys at Fitts Zehl by phone (713) 491-6064 or email info@fittszehl.com. We have the knowledge and expertise necessary to handle your maritime injury claim. We will not rest until those responsible for your offshore injuries are held accountable. We proudly represent Jones Act clients from throughout the Gulf Coast region including: Houston, Galveston, New Orleans and Houma.
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5065 Westheimer Road
Suite 700
Houston, TX 77056-5648
866-586-8988 (Toll Free)
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Contact a Jones-Act/Offshore Injury Lawyer today
Texas Jones Act Attorney
Suite 700
Houston, TX 77056-5648
866-586-8988 (Toll Free)
713-583-1492 (fax)
Contact a Jones-Act/Offshore Injury Lawyer today
Texas Jones Act Attorney
Gulf Coast Jones Act & Maritime Lawyers
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Principal office located in Houston, Texas. Ryan Zehl is the attorney responsible for the content of this site.