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.

Under Pressure: Financial Insecurity After An Offshore Injury
Posted by: rzehl
October 30, 2008

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@gulfcoastmaritimelawyer.com or by phone at (800) 99-FITTS. We represent clients in states throughout the gulf coast region including: Texas, Louisiana, Alabama and Mississippi.

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The Jones Act-An Employer?s Duty
Posted by: rzehl
October 23, 2008

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@gulfcoastmaritimelawyer.com or by phone at (800) 99-FITTS. We represent clients in states throughout the gulf coast region including: Texas, Mississippi, Louisiana and Alabama.

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What Can I Expect to Recover for My Injuries?
Posted by: rzehl
October 02, 2008

This is a question often asked by clients in regard to their maritime or Jones Act cases. Generally, when a defendant is found to be liable for the injury in question, damages will include lost wages, past and future medical bills and loss of earning capacity in the future. These figures can typically be determined by a good maritime lawyer in conjunction with appropriate experts skilled in valuation. As a rule, the defense will most likely dispute these figures by claiming calculation errors or that the figures are inflated. That is why an experienced offshore injury attorney is essential to make sure that you receive the damages to which you are legally entitled.

Additional damages may include mental anguish, pain and suffering, impairment, loss of quality of life and disfigurement; all calculated for the past and future. Because these damages are more difficult to calculate and dependant on so many variables; they are usually determined by a judge or jury.

If you or a loved one have been injured offshore, contact the experienced Offshore Accident Lawyers at the Law Office of Fitts Zehl by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 99-FITTS. We represent clients from every state throughout the gulf coast region including: Texas, Louisiana, Alabama and Mississippi.

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