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.

What Exactly is Maximum Medical Improvement (MMI)?
Posted by: rzehl
June 23, 2008

Maximum medical improvement (MMI) is the moment when a seaman's condition will no longer improve with further medical treatment. At that moment, the employer's obligation to provide maintenance and cure is considered fulfilled. Any further treatment beyond this point would only serve to make the injured seaman more comfortable.

If you or someone you know has been injured offshore, contact the experienced Houston maritime attorneys of Fitts Zehl, LLP 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, Port Fourchon, Mobile and Cameron.

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Examples of Unseaworthiness That May Lead to Injury
Posted by: rzehl
June 16, 2008

Just because a ship is unseaworthy does not mean that the ship will not continue to operate. All too often, employers and ship-owners will keep an unseaworthy ship out at sea in the interest of making money. There are many ways for a vessel to be functionally unseaworthy. First of all, any failure to properly man a vessel creates an unacceptably dangerous condition onboard. Second, any failure to properly maintain the deck or any passageway onboard the vessel creates a hazardous condition for the crew. Third, any failure to properly use or store any wires, lines or cables onboard the ship increases the likelihood of an accident. Fourth, any failure to provide sufficient lifeboats or any other requisite emergency gear improves the chance that a routine emergency could turn into something far worse. Lastly, any insistence on working under dangerous conditions, including excessive heavy lifting or over-extended hours, will put the crew in imminent danger.

Any failure to provide a seaworthy ship is unacceptable. If that failure subsequently results in injury to a crew member, the party responsible should be held accountable. Contact the experienced Houston Jones Act attorneys at Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887. We represent clients in cities throughout the gulf coast region including: Tibideaux, Houston, New Orleans and Cameron.

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Examples of Negligence That May Lead to Injury
Posted by: rzehl
June 16, 2008

There are many ways for an employer or ship-owner to be negligent in the performance of his duties. First of all, any failure to properly hire or train personnel for the vessel will undermine the safety of the vessel as a whole. Second, any failure to heed or enforce safety regulations will also promote an unsafe atmosphere onboard the vessel. Third, any failure to maintain the ship and its related equipment will increase the likelihood of an unfortunate occurrence. Fourth, any failure to provide appropriate clothing or equipment necessary to the task at hand will threaten the safety of the crew. Lastly, any unreasonable insistence on working in the face of dangerous weather conditions will without a doubt lead to conditions that are ripe for an accident.

Any lapse in oversight or judgment on the part of an employer or ship-owner can lead to serious injury or even death for the crew. Contact the experienced Texas Jones Act lawyers at Fitts Zehl, LLP 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.

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