Houston, Galveston, New Orleans and Houma, Louisiana Jones Act Lawyers & Maritime Accident Attorneys

The Merchant Marine Act of 1920, commonly referred to as the Jones Act, is a federal law that provides remedies to seamen who are injured during the course of their employment on a vessel. It allows injured sailors to recover damages from their employers for the negligence of the ship's owner, the captain, or fellow members of the ship's crew. 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.

Similar to other parallel statutes designed to protect injured workers, the Jones Act provides for injured seamen to receive "transportation, wages, maintenance and cure". This means it is the ship-owner's responsibility to return the injured seaman home, pay a portion of his lost wages and provide for any and all medical care until the seaman has recovered as much as he or she can.

In addition, an unseaworthiness claim may be pursued if the employer is also the vessel's owner or if the injury was caused by an unsafe condition present on the vessel itself. Violation of a safety statute in causing an injury, as well as failure to provide sufficient medical care following an injury, can also result in employer liability. In fact, seamen may be protected by the Jones Act even if they are not working directly on a vessel when injured, so long as any such temporary assignment was "in the service of the ship".

The Jones Act can also hold an employer liable for the negligence of other employees or individuals for which the employer is responsible. In some cases, even an independent contractor may be seen as an employee under the Jones Act.

Under the Jones Act, the employer of a seaman owes him a higher duty of care than is normally associated with an ordinary negligence case. Any breach of that higher standard of duty, no matter how insignificant, that contributes to causing a seaman's injury may result in employer liability. If a seaman contributed to his own injury, the employer's liability may be reduced, but this will not reduce the amount of compensation available under the act.

A claim under the Jones Act must generally be brought within three years of the injury in order to avoid the statute of limitations.

If you or someone you know has been injured at sea, it is imperative that you seek legal aid as quickly as possible. Contact the Texas maritime Law Firm of Fitts Zehl by calling our toll-free number (800) 99-FITTS or by e-mailing us at info@gulfcoastmaritimelawyer.com.

The Jones Act- Maintenance and Cure
Posted by: rzehl
January 31, 2008

"Maintenance and cure" is a concept which requires a vessel owner to provide living expenses and medical care to seamen during recovery from a work-related injury, accident or illness.

Regardless of fault, a seaman injured during the course of his duties is entitled to "cure" until he or she has recovered as much as is medically possible. Also, an injured seaman is guaranteed "maintenance" to cover living expenses during recuperation.

If an employer refuses to pay "maintenance and cure" to an injured seaman, a "maintenance and cure" claim may be filed in addition to other Jones Act negligence or unseaworthiness claims.

Contact the experiencedTexas Jones Act & Offshore Injury attorneys of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887. We represent clients in states throughout the gulf coast region including: Louisiana, Alabama and Mississippi.

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The Jones Act- Available Damages
Posted by: rzehl
January 31, 2008

The Jones Act allows for several types of legal damages intended to compensate the injured seaman for his loss. If you are a Jones Act seaman and are injured in the course of your employment, you may be able to recover:

Medical Expenses - The Jones Act allows an injured seaman to recover medical expenses, including money for hospitalization, medication and surgery, from his employer.

Pain and Suffering - The Act allows an injured seaman to seek compensation for any pain or suffering incurred as a result of the injury.

Lost Wages - If the injury was at least partially the fault of the employer, an injured seaman may recover lost wages for the time he has been unable to work.

Lost Earning Capacity - Because an injury could permanently affect one's ability to earn wages at the same rate as before, the Jones Act provides an injured seaman with a supplement to his decreased income. Essentially, if you earned $50,000 before an injury and now you earn $35,000 after the injury, your lost earning capacity compensation would total $15,000 per year.

Mental Anguish - The Jones Act allows for compensation when an injury prevents a seaman from enjoying an activity that he enjoyed prior to the accident. For example, if your favorite hobby was fishing and a shoulder-injury prevents you from operating a rod and reel, you may be entitled to recover for the loss of this enjoyment.

Disfigurement - Many offshore injuries result in the permanent disfigurement of seamen. In such cases, injured seamen may be compensated for scarring, loss of limb, loss of hearing, or any other visible physical condition that may be a source of shame or embarrassment.

In order to determine the damages you may be entitled to, it is imperative that you contact the experienced Alabama Maritime Accident lawyers of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887. We represent clients in cities throughout the gulf coast region including: Houston, Port Fourchon, Tibideaux and Mobile.

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The Jones Act- Vessel
Posted by: rzehl
January 31, 2008

To be a "vessel", for the purposes of its crew being considered "seamen" and thus being entitled to remedies supplied by the Jones Act, the function and purpose of a floating structure must be as an instrument of commerce or used to transport passengers, cargo or equipment from place to place on navigable waters.

Generally, most ships, barges, dredges, tugs and fishing vessels used to carry personnel and cargo meet the "vessel" test under the Jones Act.

However, there are many floating watercraft that do not routinely transport goods or passengers but may still be considered "vessels" under the Act. These may include floating restaurants, casinos, hotels, and the like. Also, jack-up rigs, semi-submersibles, and other movable offshore oil rigs are usually deemed to be "vessels".

Contact the experienced Houston Jones Act attorneys of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887. We represent clients in states throughout the gulf coast region including: Texas, Louisiana, Mississippi and Alabama.

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The Jones Act- Seaman Status
Posted by: rzehl
January 31, 2008

In order to be eligible for seaman status under the Jones Act, three requirements must be met.

First, the vessel must be "in navigation". This does not necessarily mean, however, that the vessel must be moving.

Next, the person must have an employment connection to the vessel that is substantial both in terms of its nature and its duration. Employees working on barges, casino boats, crew boats, cruise ships, dredges, fishing vessels, freighters, jack-up rigs, semi-submersible rigs, tankers, tow boats, tug boats or any other similar vessels may be considered seamen under the Jones Act.

Third, the person's employment must contribute to the "work of the vessel" on which he is employed. Early cases required that seamen "reef and steer" or directly contribute to the vessel's navigation. The Courts eventually broadened this definition to include miscellaneous shipboard workers who go to sea with a vessel like fishermen on fishing boats, bartenders on cruise ships, and divers on diving support vessels.

Contact the experienced Louisiana Jones Act Attorneys of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887. We represent clients in cities throughout the gulf coast region including: Houston, New Orleans, Cameron and Houma.

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