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?s My Jones Act Settlement Worth?
Posted by: rzehl
August 26, 2008

There are several factors that go into determining how much money to ask for in a Jones Act claim. These factors can include, among many others, past and future lost wages, medical expenses, rehabilitation, pain and suffering, disability and loss of quality of life. Each of these factors should be assigned a reasonable monetary value for the purposes of calculating a fair settlement under the law. All too often, injured seamen fail to realize that there is a complex settlement calculation process that must be followed in order to recover for their damages under the Jones Act. As a result, some seamen ask for a settlement that is far from the amount they are actually entitled. This gives the employer a tremendous advantage. By approaching the employer with an improper settlement offer, you immediately alert him and his lawyer to the fact that you do not understand the process or the true value of your claim. It is extremely important that you hire an attorney that understands the Jones Act and knows how to properly calculate a settlement that will meet your needs now and in the future.

If you or a loved one has been injured offshore, contact the experienced Texas Jones Act lawyers at the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887. We represent clients from cities throughout the gulf coast region including Houston, Gulfport, New Orleans, Mobile, Corpus Christi and Biloxi.

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The Jones Act-Maintenance in the Modern World
Posted by: rzehl
August 12, 2008

Under the Jones Act, an employer must provide a daily rate of subsistence to an injured employee during his recovery. This amount is given for the purpose of covering reasonable room and board expenses until an employee is fit to return to work or has reached maximum medical improvement. Unfortunately, the daily subsistence rate has not kept pace with the economy and the amount received under the law is often insufficient.

Most injured Jones Act employees can expect to receive between $15 and $30 a day for room and board. Maritime employers are often quite happy with this arrangement. In contrast, the courts have ruled that maintenance payments must be at least enough to cover basic survival costs including rent, food, utilities and necessary transportation. Without an experienced attorney on your side, you may be stuck with bills that exceed your maintenance payments. At Fitts Zehl, we'll fight to make sure your maintenance payments are sufficient to meet your needs.

Contact the experienced Texas maritime lawyers at the Fitts Zehl Law Firm by phone at (800) 993-4887 or by email at info@gulfcoastmaritimelawyer.com. We represent clients in states throughout the gulf coast region including: Texas, Louisiana, Mississippi and Alabama.

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