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Welcome to the Gulf Coast Maritime blog sponsored by the trial attorneys 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). 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 trial lawyers 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.
LHWCA-Filing Your Claim An employee injured during maritime employment on navigable waters may, under the Longshore and Harbor Workers' Compensation Act (LHWCA), recover medical and disability benefits as well as rehabilitation services from his or her employer. However, in order to recover under the Act, there are certain rules that must be abided. First, an employee has 30 days from the date of his injury to notify his employer. This 30-day deadline also applies in cases involving the development of a disabling condition or disease that is work-related. Second, a formal LHWCA claim must be filed with the Department of Labor no more than one year after the injury. At this point, the employer can take one of two courses of action: he can either begin voluntary payment within 14 days or he can dispute the claim entirely. Any claim dispute will be addressed initially with procedures designed to facilitate settlement. If this approach fails, the Department of Labor will then appoint an Administrative Law Judge (ALJ) to conduct a hearing and render a decision as to the dispute. If you or someone you love has been injured during maritime employment, contact the experienced Texas maritime attorneys at the Fitts Zehl Law Firm by email at info@fittszehl.com or by phone at (800) 99-FITTS. We represent clients from all over the Gulf Coast including cities like Mobile, New Orleans and Houston.
Under Pressure: Financial Insecurity After An Offshore Injury
When someone suffers a serious maritime injury, many thoughts and fears will race through their mind. How will I pay my bills? Will I be able to work again? How will I take care of my family? Unfortunately, these fears will often be used against you by insurance companies in order to force you into accepting their offer. To make matters worse, usually the individual injured offshore is the main breadwinner for his or her family. While seamen are entitled, under the Jones Act, to maintenance and cure following an injury, some employers will not pay thinking that by putting extra financial pressure on the injured employee, he or she will settle as soon as possible for as cheap as possible. Even if an employer does pay maintenance and cure, that only accounts for about $15-$30 dollars per day. Barely enough to live on, not to mention if you have a family to take care of. At the Fitts Zehl Law Firm, we understand the financial difficulties that can arise following an offshore injury. As such, we can arrange loans and advances for qualifying clients. These loans are only intended to help you pay bills and other essential expenses while your claim is pursued. Money will not be lent to improve one’s lifestyle. These loans and advances are only intended to allow you the time to see your case through to the end without feeling undue financial pressure to settle early. If you or someone you know has been injured offshore contact the experienced Texas Jones Act attorneys at the Fitts Zehl Law Firm by email at info@fittszehl.com or by phone at (800) 99-FITTS. We represent clients in states throughout the gulf coast region including: Texas, Louisiana, Alabama and Mississippi.
The Jones Act-An Employer?s Duty
When a seaman is injured offshore he is entitled to certain benefits. First, the disabled seaman has a right to receive his unearned wages through the end of the voyage. Second, that seaman is also entitled to maintenance and cure until he reaches maximum medical improvement. If the employer refuses maintenance and cure, the seaman may bring an action to enforce it. If this must be done, the seaman may also be entitled to recover attorney’s fees. In addition, the injured seaman is allowed to select his own doctor for treatment. He may also seek a second opinion if he is unsatisfied with the diagnosis of a company doctor. These rights exist regardless of fault and are the unconditional responsibility of the employer and are in addition to any other rights guaranteed under the Jones Act. If you or someone you know has been injured offshore contact the experienced Texas Jones Act lawyers at Fitts Zehl, LLP by email at info@fittszehl.com or by phone at (800) 99-FITTS. We represent clients in states throughout the gulf coast region including: Texas, Mississippi, Louisiana and Alabama.
Punitive Damages: The Effect of Exxon Shipping Co. v. Baker
This recent Supreme Court decision involving the supertanker Exxon Valdez could have a profound effect on the amount awarded for maritime punitive damages in the future. The Court found that the problem with maritime punitive damage awards generally is that they are unpredictable. The Court, having decided that the punitive damage figure was too high in the case at hand, entertained three options for recalculating the amount. First, the Court considered giving instructions to the jury including specific standards, criteria and limitations for the award. This was to be further bolstered by making this jury decision subject to appellate review upon issuance. Second, the Court considered a simple cap on the dollar amount that could be awarded for punitive damages. Third, the Court considered attaching punitive damages to compensatory damages using a ratio. After considering each option, the Supreme Court decided that the ratio formula was the most fair. While determining the specific ratio to be used in calculation, the Court considered up to a 3:1 ratio before finally settling on a 1:1 ratio of punitive to compensatory damages under maritime law. This was deemed to be fair because Exxon’s actions were considered worse than negligent but less than malicious. Basically, what Exxon did was on the low-end of the scale in terms of behavior, in the Court’s eyes. Unfortunately, this 1:1 ratio may stand for future maritime punitive damage awards, even in cases where the defendant was acting maliciously and seeking to augment profit by doing so. This decision to reduce maritime punitive damages could have the unintended effect of encouraging risky corporate behavior for the sake of profits. If you or someone you know has been injured offshore, contact the experienced Louisiana Jones Act attorneys at the Fitts Zehl Law Firm by email at info@fittszehl.com or by phone at (800) 99-FITTS. We represent clients from cities throughout the gulf coast region including: Houston, New Orleans, Baton Rouge and Cameron.
Can I Recover Punitive Damages Under Maritime Law? Generally, punitive damages have always been recoverable under general maritime law. However, a recent Supreme Court decision, Exxon Shipping Co. v. Baker, presented three questions: (1) whether punitive damages are barred by the enactment of federal statutory law, like the Clean Water Act (CWA), (2) whether a corporation may be held liable for punitive damages because of the conduct or behavior of a managerial employee and (3) whether the award of $2.5 billion in punitive damages against Exxon was excessive under general maritime law. This case involved the infamous supertanker “Exxon Valdez” and the environmentally devastating oil spill it caused in Prince Edward Sound. In its decision, the Court concluded that punitive damages are allowed under maritime law and are not preempted by any federal statutory law, including the CWA. The Court did, however, find the $2.5 billion award to be excessive and, using its rule-making powers bestowed upon it by Article III, § 2 of the U.S. Constitution, introduced a punitive damage cap of no more than the amount awarded for compensatory damages. This basically means that you can only recover punitive damages up to the amount you receive in compensation for your actual loss, a maximum ratio of 1:1. This resulted in the reduction of the $2.5 billion award to $507.5 million, the amount awarded in compensatory damages. Interestingly enough, the Court was split (4-4 with J. Alito not participating) as to the issue of whether a corporation may be held liable for punitive damages stemming from the reckless and wanton behavior of its managerial employees. Because of this split, the Court followed long-standing precedent and left the opinion of the Ninth Circuit holding Exxon punitively liable for the actions of its managerial employee. If you or someone you know has been injured offshore, contact the experienced Jones Act attorneys at the Fitts Zehl Law Firm by email at info@fittszehl.com or by phone at (800) 99-FITTS.
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