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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@gulfcoastmaritimelawyer.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@gulfcoastmaritimelawyer.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.
Gulf Coast Residents Unable to Earn a Living Following Gulf Oil Spill Following the tragic explosion of the Deepwater Horizon in which 11 workers lost their lives, oil from the damaged well-head began spewing uncontrollably into the Gulf of Mexico. As the weeks and months pass without a solution, more and more Gulf Coast residents are feeling the economic effects of this still-unfolding disaster. There are many who have been directly affected by the spill, including: •· Offshore workers; •· Deep Sea Divers; •· Fishermen; •· Shrimpers; •· Hotel Owners; •· Tour Boat Operators and •· Fishing Guides. These people have seen the Gulf spill make their work virtually impossible. However, there also exists an even larger number of individuals who have been indirectly affected by the spill. These people deserve compensation for their losses as well and include: •· Restaurant owners; •· Casino workers; •· Truck drivers; •· Cab drivers and •· Small business owners. BP is quick to deny claims filed by individuals who have suffered indirect harm to their earning ability. Don't take no for an answer. The law firm of Fitts Zehl knows what it takes to stand up to BP and get them to pay attention. Our firm can even help cover necessary expenses while your claim is pending so that you don't fall further behind. The BP oil spill is having a devastating effect on the entire Gulf Coast economy. If you or someone you know is suffering loss of business or loss of income relating to the Gulf oil spill, contact the experienced oil spill damage lawyers at Fitts Zehl, LLP today for a free, no-obligation consultation.
Lets Bump It Up: Rig Workers May Have Been Ordered To Work Faster Just Before Explosion According to a rig worker on CBS' "60 Minutes", which aired on Sunday May 16 th, the tragic blast that killed 11 workers and injured over 100 more came after rig personnel were told to work faster. According to Mike Williams, chief electronics technician onboard the Deepwater Horizon, a BP manager said "Hey, let's bump it up. Let's bump it up," in reference to "...bumping up the rate of penetration. How fast the drill bit is going down." Williams also claimed that a crew member accidentally damaged the blowout preventer by nudging his joystick which forced 15 feet of drilling pipe through the closed BOP. As a result of this mistake, "chunks" of the preventer's rubber liner were torn away creating the potential for failure. BP has a long history of sacrificing workplace safety in exchange for increased profits. They must be held accountable for their negligence so that incidents like this will not continue to happen in the future. If you or a loved one were injured or killed in the Transocean rig explosion, contact the experienced explosion lawyers at FZ today for a free consultation. Having successfully represented over 100 individuals against BP following the 2005 Texas City refinery explosion, we know exactly what it takes to hold a multi-billion dollar corporation accountable in a court of law. Contact FZ today to put our winning team to work for you.
Crucial Rig Data Missing: Final 7 Hours Before Blast Unaccounted For During the Congressional Hearing on Wednesday May 12, 2010, officials from Transocean made the startling claim that the final seven hours of data transmitted from the Deepwater Horizon are missing and that any written logs that may have existed were lost in the rig explosion and subsequent fire. Fortunately, earlier pressure tests that indicated the presence of a leak in the well were preserved. "Our sequence of events ends at 3 o'clock in the afternoon on the 20 th ," said Transocean's President and CEO Steven Newman while speaking to Senators. It is standard procedure in the industry for all rigs to maintain data regarding any and all drilling operations. Transocean's data, in the form of daily drilling logs, indicates three of the four pressure tests mentioned (all of which failed) but did not show any evidence of the final, allegedly successful test that BP and Transocean officials relied on to continue working on the site. While in the process of converting the well from drilling to production, workers flooded it with cement in order to prevent leaks. For some reason, heavy drilling fluid (also known in the industry as "mud") responsible for keeping the well sealed was pumped out and replaced with much-lighter seawater before the final cement plug was inserted. This resulted in a massive, uncontrolled release of oil and gas that ultimately ignited, killing eleven and injuring many more. As the well spewed onto the rig's deck, workers tried frantically to engage the emergency cutoff system, known as a blowout preventer, but were unable to do so because of numerous problems with the device. If you or a loved one was injured in the Transocean/BP oil rig explosion, contact the experienced Gulf Coast maritime injury lawyers at Fitts Zehl, LLP today to register your complaint. Transocean has already moved to limit its legal liability for the disaster to $27 million, the current scrap value of the rig as it lies on the bottom of the ocean.
Deepwater Horizon: One Week Later One week after the tragic Louisiana rig explosion that injured 17 and took the lives of 11 more, questions still remain as to whatcaused the blast to occur. The Deepwater Horizon slipped into the ocean on April 22, two days after catching fire, leaving a massive oil slick in its place. To make things worse, some 40,000 gallons are continuing to pour from the well head each day. Remote-controlled submarines have been dispatched in an attempt to control the oil pouring out of the well but officials are uncertain about the plan's chances of success. If this fails, it could take weeks or even months to put a more permanent solution into place. British Petroleum is taking action to help contain and clean up the spill it caused by sending a fleet of ships to the area. Even so, one thing remains abundantly clear: this disaster should never have happened in the first place. If BP would have focused as much attention on maintenance, safety and accident prevention before the rig explosion as it has on clean-up efforts immediately after, the world would never have heard of the Deepwater Horizon like it has today. The brave maritime workers onboard would have quietly kept oil flowing into the United States as they had done for decades before, confident in the fact that their hard work was keeping the country strong and prosperous. Unfortunately, BP has a long history of ignoring safety in favor of profit. After their Texas City refinery exploded in 2005 killing 15 workers and injuring 300, BP failed to learn its lesson and was even fined $87 million by the Occupational Safety and Health Administration in 2009 for violating the resulting agreement that called for a number of safety improvements to be made. The Mississippi rig explosion lawyers at FZ successfully represented over 100 individuals injured or killed in that 2005 BP explosion. Let us put our experience to work for you. Contact us today.
Deepwater Horizon Sinks ? Leaves Environmental Disaster In Its Wake While the Coast Guard continued its search Friday for the 11 seamen still missing following the rig explosion, a new concern arose for authorities at the scene. The Louisiana and Mississippi coastlines are now in very real danger of being soaked in crude oil. As many as 336,000 gallons of oil could be floating up from the ocean floor each day.
Cynthia Sarthou, executive director of the environmental action group Gulf Restoration Network, stated "If it gets landward, it could be a disaster in the making". According to British Petroleum, the company operating the rig at the time of the explosion, they have "activated an extensive oil spill response". This includes remotely-operated submersibles monitoring the well from the ocean floor 5,000 feet below as well as at least 32 ships of various sizes trying to mop up any oil that manages to surface. Regardless of BP's efforts, in all likelihood, oil will contaminate the coastal habitat causing serious environmental and monetary damage. Coast Guard crews have already reported an oily sheen measuring 5 miles long and more than a mile wide snaking its way through the Gulf of Mexico.
While the Coast Guard is still trying to locate any potential survivors, families of the 11 crewmen still missing have been told that there is little chance of finding anyone alive. It is believed that all of the missing individuals were on the rig floor at the time of the explosion.
If you or a loved one were affected by this tragic explosion contact the experienced Jones Act trial lawyers at FZ today for a consultation. We have helped numerous explosion victims over the years and have the knowledge and resources to assist you in the difficult days to come. Contact Us Fitts Zehl, LLP
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Topics
Death on the High Seas Act (DOHSA) Recent UpdatesJuly 14, 2010 May 17, 2010 May 14, 2010 April 27, 2010 April 23, 2010 Web ResourcesHouston Jones Act Attorney |
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Contact a Jones-Act/Offshore Injury Lawyer today
Texas Jones Act Attorney
2700 Post Oak Blvd., Suite 1120
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
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