Gulf Coast Jones Act & Maritime Lawyers

3 Seamen killed in Egypt Cruise Ship Crash
Posted by: rzehl
March 01, 2010
Topic: The Jones Act

On Friday, February 26, a luxury cruise ship crashed into a dock at Sharm al-Sheikh, an Egyptian resort on the Red Sea. The accident resulted in four injuries and the deaths of three crewmen. The Italian Costa Europa, complete with 1,473 passengers, was on an 18-day cruise from Dubai to Savona when the collision occurred.

While the investigation is still underway, officials did release a statement confirming that the vessel sustained damage to the starboard side of its hull. The damage consisted of a 2-meter wide hole. Following the crash, the ship was safely docked for repairs with no further accidents.

When incidents such as this occur resulting in serious injury or death, negligence is more often than not a factor. It is important to begin an immediate investigation to determine exactly what happened, who was at fault and whether or not the ship was "unseaworthy" at the time of the accident. If you or a loved one has been injured offshore, contact the experienced Jones Act lawyers at Fitts Zehl, LLP today for a free consultation. We will immediately begin investigating your claim to determine the best course of action for you.

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How Important Is It To Disclose Pre-Existing Injuries Or Surgeries On My Job Applications?
Posted by: rzehl
February 05, 2010
Topic: The Jones Act

When applying for a new job, many are tempted to leave out pre-existing injuries or past surgeries on job applications in order to avoid giving potential employers a reason not to hire them. While this strategy may get you a job, it can also cause serious problems further down the line. In the event of an injury, if it is discovered that a seaman has lied on his job application about prior injuries or surgeries, his or her employer is automatically released from the obligation of paying maintenance and cure. As you may be aware, maritime employers typically have an affirmative duty to pay maintenance (money for reasonable expenses) and cure (money for medical expenses) following an injury. Do not give them an excuse to avoid paying!

If you or a loved one has been injured offshore, contact the experienced Jones Act lawyers at Fitts Zehl, LLP today for a free consultation. The maritime trial attorneys at FZ have the knowledge and skill necessary to successfully litigate all types of offshore injury claims. We proudly serve clients from throughout the entire Gulf Coast region including Houston, Galveston, Houma, New Orleans and Port Fourchon.

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Commercial Divers: Jones Act or LHWCA?
Posted by: rzehl
January 27, 2010
Topic: The Jones Act

When a person is injured offshore, one of the first things a good maritime lawyer will do is determine which body of law will apply to the case. While this might seem like a fairly straightforward task, most attorneys have never handled a maritime case and will not have the faintest idea how to proceed. While most commercial divers will be covered under the Jones Act, a percentage of them will not qualify and will be forced to seek compensation under the less favorable Longshoreman and Harbor Workers' Compensation Act (LHWCA). If you or a loved one has been injured offshore, contact the experienced Texas maritime trial lawyers at Fitts Zehl, LLP today for a free consultation.

In the 1992 case of Ashley v. Epic Divers, Inc., the defendant Epic was successful in arguing that its employee, a freelance diver not attached to a specific vessel or fleet of vessels, was not a seaman for Jones Act purposes. According to the court, because the diver was assigned to multiple vessels owned by several different owners, he did not meet the definition of seaman under the Jones Act.

Unfortunately, this ruling has been used a great deal since in order to deny a significant portion of divers their right to pursue employers under the Jones Act. This was a huge victory for diving contractors, employers and insurance companies because the awards and settlements paid out under the Jones Act have historically always been higher than those sums paid out under the LHWCA. While one can sue for damages under the Jones Act, the LHWCA only allows the recovery of weekly compensation according to a set benefit schedule contained within the Act itself.

Recently, the United States Supreme Court refined what it means to be a "seaman" for Jones Act purposes. The Court held that a worker's complete offshore work history, as well as the nature of his relationship with and contribution to vessels, must be taken into account in order to determine whether or not an individual is entitled to utilize the Jones Act.

Recent U.S. Supreme Court Decision

In the mid-1990's, the United States Supreme Court further clarified the Jones Act definition of a "seaman". The Court held that in order to determine an offshore worker's status for Jones Act purposes, his or her entire maritime work history must be analyzed. This includes the length of relationships with, and the nature of contributions to, vessels. According to the Court's holding, if a worker spends a "substantial" amount of his time (30% or more) onboard maritime vessels in navigation, that worker will most likely be protected under the Jones Act. Freelance divers benefited greatly from this holding because it shifted the focus away from a worker's connection to a particular vessel or fleet of vessels and toward the actual nature of the work being performed offshore. Most freelance divers do not work with just one specific vessel or fleet of vessels.

Jones Act vs. LHWCA: What Are My Rights?

Diving contractors and their insurance companies have worked long and hard arguing that commercial offshore divers are covered under the LHWCA, not the Jones Act. This has been done because the recovery amounts vary drastically between the two bodies of law. Under the Jones Act, if a diver is injured due to the negligence of his employer, that diver will be entitled to seek damages for:

•· Medical expenses;

•· Pain and suffering;

•· Lost or damaged limbs;

•· Permanent disfigurement;

•· Mental anguish;

•· Impairment and

•· Loss of quality of life.

In addition to the above damages, a diver under the Jones Act would be entitled to dollar-for-dollar compensation for lost earning capacity. For example, if a diver was injured severely enough to put an end to his offshore career, that diver wouldbe entitled to seek the amount that he would have made had he continued working until the expected retirement age for divers.

On the other hand, under the LHWCA, the same diver would be entitled to recover only his medical expenses and an amount consistent with the compensation schedule found in the Act. In essence, the injured diver would only be entitled to recover 66 and 2/3 % of his average weekly wage for a period not to exceed 6 years.

As anyone can see, the Jones Act is much more favorable than the LHWCA when it comes to compensation. If you or a loved one has been injured offshore, contact the maritime trial lawyers at Fitts Zehl, LLP today for a free consultation. The experienced personal injury attorneys at FZ have earned more than $150 million dollars in verdicts and settlements for their clients over the past two years alone.

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Commercial Diving: Risks and Dangers at Sea
Posted by: rzehl
January 12, 2010
Topic: The Jones Act

Commercial divers are essential to the oil and gas industry's operations in the Gulf of Mexico. Without qualified personnel to physically carry out complex tasks beneath the surface of the ocean, the entire American oil and gas industry would grind to a halt. Unfortunately, even though they are indispensable to the work of oil and gas producers, offshore divers still run the risk of being wronged by their employers following an on-the-job injury or illness. If you or someone you love has been injured in a commercial diving accident, contact the experienced Texas Jones Act lawyers at Fitts Zehl, LLP today for a free consultation. A commercial diver may qualify as a Jones Act seaman as long as he is assigned to, and contributes to the overall function of, a particular vessel or fleet of vessels in navigation. This would allow the diver to sue his employer for any negligence in connection with his injury. Further, if a diver is injured by faulty or defective breathing equipment, he may also have a claim against the manufacturer. Unfortunately, freelance divers who move from ship to ship may have a harder time establishing a connection to a particular vessel and, as such, may not qualify for seaman status under the Jones Act. Freelance divers will instead be covered by the less favorable Longshoreman and Harbor Workers' Compensation Act (LHWCA). Under the LHWCA, an injured non-seaman will receive compensation based upon a set schedule found within the Act.

Each and every day, commercial divers face difficult, potentially life-threatening situations at sea. A few dangers to be aware of include:

•· Negligence - When a diver is underwater, he relies on those around him for safety. The negligence of a captain, crew member or employer can easily place a diver's life in jeopardy. Without a well-trained, attentive support team, the diver is at the mercy of the ocean.

•· Soft-Tissue Injuries - Although not as common today thanks to improvements in equipment and techniques, divers still run the risk of soft tissue injuries resulting from exposure to water pressure at depth. Excessive pressure can cause serious sinus or ear pain, leading to panic and even death in extreme cases.

•· Decompression Sickness - Rapid changes in barometric pressure, caused by ascending or descending too quickly, can cause the formation of painful bubbles within a diver's body. This condition, known as "the bends", is potentially life-threatening and treatment usually requires the use of a decompression chamber.

•· Skin Irritation - The ocean is home to a variety of marine life, both flora and fauna, that can be dangerous to divers. Even worse are the man-made hazards that may be present in the water including benzene and other caustic chemicals associated with oil and gas production.

•· Hypothermia - Exposure to frigid ocean temperatures can cause hypothermia in a matter of moments if a diver is not properly protected.

In an effort to promote safety, every single person involved in a diving project, from the diver to the vessel operator, must comply with the Diving at Work Regulations (1997). These regulations are not hard and fast rules. Instead, these regulations simply require the employer to risk assess each individual's role in any dive project so that the proper precautions may be taken to ensure safety.

Any company that commissions a dive project has a duty to ensure that the diving contractor is certified, as well as competent, to perform the required tasks. The company is also responsible for locating, identifying and informing the divers of any potentially dangerous obstacles, contaminated water or other hazards that may pose a problem. In the event of an emergency, the company is required to provide support in order to minimize the risk to life.

The diving contractor can ensure group safety by carefully preparing the dive plan and effectively communicating it to the other members of the project. Also, by inspecting any and all equipment to be used in the dive, the diving contractor can reduce the chances of a catastrophic equipment failure while submerged. Thorough record-keeping will also help by indicating what exactly has and has not been done in preparing for a dive. It is important that each member of the dive project keep his or her own written records of what takes place for future reference. The Jones Act trial lawyers at Fitts Zehl, LLP have the knowledge and experience necessary to represent you. We handle clients from throughout the Gulf Coast region including Texas, Louisiana, Mississippi and Florida. Contact us today for a free case evaluation.

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Be Aware of Your Rights As a Seaman
Posted by: rzehl
October 14, 2009
Topic: The Jones Act

Seamen have numerous legal rights when they are injured. Unfortunately, most seamen lack the necessary knowledge of these rights and, as a result, fail to properly enforce them. Without knowledge of these rights, seamen often end up receiving less than they deserve in the way of medical care and financial support. Vessel owners, counting on this lack of Jones Act knowledge, often abandon seamen during their time of need knowing that most will just take it, without even realizing there is an available legal remedy. It is extremely important that seamen educate themselves regarding at least basic Jones Act law in order to avoid being taken for a ride. Don't forget, many Jones Act attorneys, like the attorneys at Fitts Zehl, will represent clients on a contingency basis. This means that the client will only have to pay a percentage of his award after his case has been successfully handled. If, for any reason, your claim fails, you pay nothing.

In the event of an accident, a seaman is generally entitled to specific protections under federal law. These usually include maintenance (food and shelter), cure (medical care and treatment), lost wages and, if the vessel owner's negligence was a factor, lost future wages stemming from the injury.

When an accident does occur, there are some important things that should be done to bolster your claim under the Jones Act. First, you should immediately report the accident to your supervisor. Make sure that your supervisor properly records the incident in the appropriate place. Second, officially request medical attention and be sure to note the names of the doctors and nurses that treat you. Remember, you DO NOT have to see a company doctor. These company doctors are employed by your boss and are not on your side. Third, be sure to ask any witnesses to your accident for their full names and contact information. Fourth, take photos of the accident site and of any other conditions present onboard that contributed to your injury. Lastly, make sure not to sign anything until you have spoken with an experienced Jones Act lawyer. This is extremely important because many unscrupulous vessel owners will try to get you to either sign away your rights or damage your case in some way.

If your injury does not allow you to work, stop working immediately! Any more work could further aggravate the injury leading to even bigger problems in the future. Instead, immediately inform your employer of the situation and request financial assistance (maintenance and cure) to cover living expenses and treatment. Additionally, be careful if your employer is trying to take you off the ship before you are able to be safely moved. Do not allow yourself to be moved unless you have been cleared by a doctor to return to shore. Be sure to abide by any travel or activity restrictions suggested by the doctor. This could be very important in helping you to recover properly. Any further injury or damage that results from your activity may not be recoverable. You have a duty to mitigate your own injury which essentially means you must take care not to make any injury worse than it already is.

Once again, it is extremely important that seamen take the time to educate themselves about their rights and options under the Jones Act following an injury. By doing so, maritime workers can vastly improve their chances of recovering damages. Contact the experienced Texas Jones Act lawyers of Fitts Zehl, LLP at (800) 993-4887 or by email at rzehl@gulfcoastmaritimelawyer.com. We represent clients from cities throughout the gulf coast region including: New Orleans, Port Fourchon, Houma and Tibideaux.

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