|
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.
Know Your Rights as a Seaman Seamen have many important legal rights when injured at sea. However, because many seamen are unaware of their rights, they often end up receiving inadequate medical care and support once they are sent back to land. Ship owners, anticipating this lack of Jones Act knowledge, often abandon seamen during their time of need knowing that most will never defend themselves legally. For this reason, it is imperative that seamen know their rights and at least some basic Jones Act law in order to avoid being hung out to dry. Many seamen just assume legal representation will cost too much, not realizing that many Jones Act lawyers will work with their clients on a contingency basis. In essence, the client pays only a percentage of any damages recovered. If the claim fails, you pay nothing. In case of an accident at sea, a seaman may be entitled to certain protections under United States law. These can include maintenance (food and shelter), cure (medical care), wages and possibly, if ship-owner negligence was a factor, lost future wages resulting from the injury. When an accident does take place, there are a few important things that should be done to help bolster your claim to damages under the Jones Act. First of all, the accident should be immediately reported to your supervisor. Make sure that the incident is properly recorded or logged. Also, request medical attention and take note of the names of the doctors and nurses that treat you. Don't forget, however, that you are not required to see a company doctor. Obviously, since these doctors work for your boss, they are not on your side. Second, make sure to get the contact information of any witnesses onboard. Also, if possible, take a photograph of the accident site and of any other conditions present on the vessel that may have contributed to your injury. Lastly, do not sign anything until after you have consulted an experienced maritime attorney. Unfortunately, some ship-owners will attempt to get you to sign away your rights. If you are unable to continue working because of the injury, don't do anymore labor. This could further aggravate the injury. Instead, immediately notify your employer of the situation and include the name of the doctor that advised you to stop working. Also, make sure to ask for immediate financial assistance to cover daily living expenses while your treatment is ongoing. In addition, be wary of your employer trying to get you off the ship before you are ready to be moved. Do not agree to go anywhere until you have spoken with the doctor and he has given you the all clear to go ashore. Also, ask the doctor about any further medical care that, in his opinion, you may require as well as his advice on any travel or activity restrictions you should abide by. By educating themselves about their rights and options following an offshore accident, seamen can drastically improve their chances of recovering damages due to their injury. 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, Homa and Tibideaux.
The Jones Act-Examples of Non-Traditional Vessels Years ago, before certain technological developments in the offshore oil industry, a vessel was simply a vessel. Any traditional ship, including a barge, tanker or freighter, could easily meet the definition of a vessel. However, as the industry has advanced, new non-traditional vessels are being utilized in ever-increasing numbers. Here is a list of some of the non-traditional structures prevalent throughout the offshore oil industry. Jack-up Rigs A jack-up rig is a structure that can float and navigate the ocean like a vessel. Upon reaching its destination, the rig will "jack" itself up by placing its legs on the ocean floor before it begins drilling. Jack-up rigs are considered vessels for purposes of the Jones Act. Semi-submersibles Semi-submersibles are drilling rigs that float to their destination and are then secured to the ocean floor by traditional anchors and anchor chains. Because of their inherent mobility, they are usually considered vessels. Fixed Platforms Fixed platforms are traditional drilling platforms consisting of a structure mounted on a steel "jacket". These platforms are permanently attached to the sea floor and, as such, are considered artificial islands that fall under the scope of the Outer Continental Shelf Lands Act (OCSLA) when affixed to the outer continental shelf. When these platforms are located in state waters, the law of that state applies. Due to their status as artificial islands, fixed platforms are not vessels and workers onboard are not considered seamen under the Jones Act. Floating Production Storage and Offloading Facility (FPSO) Originally, floating production storage and offloading facilities were traditional oil tankers converted for use as FPSOs. These structures contain onboard production, processing and storage facilities for petroleum. FPSOs can either be affixed to the seabed or kept in place hovering over the production site through the use of thrusters. There is no Texas or Louisiana case law, as of yet, that has analyzed the status of these facilities. As long as an FPSO retains the characteristics of a vessel, it may be seen as a vessel for Jones Act purposes. However, as those movable characteristics are lost, the structure would likely lose its status as a vessel. Spar Platform A spar platform is a structure designed to float with the majority of the hull beneath the waves. The section that lies above the waves contains the pumps, crew quarters, lifeboats and production facilities. Case law concerning spar platforms utilizes a three-part test to determine vessel status. First, whether the structure was constructed to serve primarily as a work platform and not as a means of transportation. Second, whether the structure was affixed to the seabed or otherwise secured at the time of the incident. Third, whether the transportation function of the structure went beyond theoretical mobility and occasional incidental movement. In the case on point, because the defendants' affidavits proved that there were no plans to even consider moving the vessel because it was elaborately fastened to the ocean floor, the spar platform in question was considered a work platform, not a vessel. Submersible Drilling Barges A submersible petroleum storage barge is sunk down to the ocean floor and connected to a nearby platform by catwalks and pipes. Because it is not permanently attached to the ocean floor, the structures are generally deemed vessels for Jones Act purposes. Tension Leg Platforms Tension leg platforms consist of sealed columns connected by a ringed pontoon structure fitted with a rectangular cross section. This hull structure is secured in place by a number of large tendons connected to the foundation pilings driven into the sea floor. The buoyancy of the hull keeps the moorings in tension. Generally, these structures are not considered vessels. Deep Draft Caisson Vessels (DDCV) Deep draft caisson vessels, like floating production storage and offloading facilities, have not yet had their status analyzed by a court. A DDCV usually consists of a cylindrical hull buoyed by air-filled compartments at the top. The upper portion of the structure contains production facilities while a three-level deck provides offshore processing facilities. These structures are secured by mooring lines connected to piles driven permanently into the ocean floor. Considering DDCV immobility, it seems likely that a court will find this structure to be similar to a spar platform and thus not a vessel for purposes of the Jones Act. 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 states throughout the gulf coast region including: Texas, Louisiana, Alabama and Mississippi.
The Jones Act- The Vessel Test Because the term "vessel" has been very difficult for the courts to define precisely, a three-part test has been developed to determine the qualifications of a structure. First, the structure itself must be a bona fide vessel as the term is defined by law. Second, the vessel must actually be in navigation, not laid up or stacked awaiting future use. And third, the vessel in navigation must be part of an identifiable fleet under common control. As technology has progressed, many seamen now work on non-traditional vessels or structures. As a result, you should contact an experienced maritime attorney to help determine whether or not you worked aboard a structure that qualifies as a "vessel". Contact the experienced Houston 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: Homa, Gulfport, Tibideaux and New Orleans.
The Jones Act- Thirty Percent Rule Any worker claiming to be a Jones Act seaman must have spent thirty percent or more of his time in the service of a vessel in navigation. As always, if the worker worked on more than one vessel or platform during his career, each of these vessels must have been under his defendant-employer's common ownership or control. Contact the experienced Alabama offshore injury lawyers of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887. We represent clients from states throughout the gulf coast region including: Texas, Louisiana, Mississippi and Alabama.
The Jones Act- Thirty Percent Rule Any worker claiming to be a Jones Act seaman must have spent thirty percent or more of his time in the service of a vessel in navigation. As always, if the worker worked on more than one vessel or platform during his career, each of these vessels must have been under his defendant-employer's common ownership or control. Contact the experienced Alabama offshore injury lawyers of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887. We represent clients from states throughout the gulf coast region including: Texas, Louisiana, Mississippi and Alabama.
The Jones Act- Common Ownership or Control If an offshore worker has worked on several different rigs or platforms over the course of his career, a common occurrence in the industry, lawyers for the defendant will attempt to challenge the worker's Jones Act seaman status by looking at the fleet within which the plaintiff was working. Courts require a fleet to be "an identifiable group of vessels acting together or under one control". Basically, even if an offshore worker has worked on twelve different vessels over the course of a twenty year career, if those vessels were not owned or controlled by a single entity, that offshore worker has not worked for a fleet under "common ownership or control" and thus does not meet the standard for Jones Act seaman status. Contact the experienced Mississippi Jones Act attorneys at Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887. Our Maritime Accident Lawyers represent clients from cities throughout the gulf coast region including: Houston, Port Fourchon, Cameron and Mobile.
The Jones Act- Burden of Proof Under the Jones Act, a seaman enjoys a lower standard of causation. This means that the plaintiff's burden of proof is relaxed. Proximate causation is not required to find liability under the Jones Act. Essentially, once negligence is proven, the plaintiff may recover if that negligence played "even the slightest" role in producing the injury or death for which damages are being sought. This is often referred to as the "featherweight burden" of causation. Contact the experienced Jones Act Personal Injury attorneys of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887. We represent clients in cities throughout the gulf coast region including: Houston, Houma, Cameron and Gulfport. |
Topics
Death on the High Seas Act (DOHSA) Recent UpdatesJuly 14, 2010 May 17, 2010 May 14, 2010 April 27, 2010 April 23, 2010 Archives
May, 2010 Web ResourcesHouston Jones Act Attorney |
Galleria Tower I
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
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
The Jones Act
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Principal office located in Houston, Texas. Ryan Zehl is the attorney responsible for the content of this site.