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.

Be Aware of Your Rights As a Seaman
Posted by: rzehl
October 14, 2009

Seamen have numerous legal rights when they are injured. Unfortunately, most seamen lack the necessary knowledge of these rights and, as a result, fail to properly enforce them. Without knowledge of these rights, seamen often end up receiving less than they deserve in the way of medical care and financial support. Vessel owners, counting on this lack of Jones Act knowledge, often abandon seamen during their time of need knowing that most will just take it, without even realizing there is an available legal remedy. It is extremely important that seamen educate themselves regarding at least basic Jones Act law in order to avoid being taken for a ride. Don't forget, many Jones Act attorneys, like the attorneys at Fitts Zehl, will represent clients on a contingency basis. This means that the client will only have to pay a percentage of his award after his case has been successfully handled. If, for any reason, your claim fails, you pay nothing.

In the event of an accident, a seaman is generally entitled to specific protections under federal law. These usually include maintenance (food and shelter), cure (medical care and treatment), lost wages and, if the vessel owner's negligence was a factor, lost future wages stemming from the injury.

When an accident does occur, there are some important things that should be done to bolster your claim under the Jones Act. First, you should immediately report the accident to your supervisor. Make sure that your supervisor properly records the incident in the appropriate place. Second, officially request medical attention and be sure to note the names of the doctors and nurses that treat you. Remember, you DO NOT have to see a company doctor. These company doctors are employed by your boss and are not on your side. Third, be sure to ask any witnesses to your accident for their full names and contact information. Fourth, take photos of the accident site and of any other conditions present onboard that contributed to your injury. Lastly, make sure not to sign anything until you have spoken with an experienced Jones Act lawyer. This is extremely important because many unscrupulous vessel owners will try to get you to either sign away your rights or damage your case in some way.

If your injury does not allow you to work, stop working immediately! Any more work could further aggravate the injury leading to even bigger problems in the future. Instead, immediately inform your employer of the situation and request financial assistance (maintenance and cure) to cover living expenses and treatment. Additionally, be careful if your employer is trying to take you off the ship before you are able to be safely moved. Do not allow yourself to be moved unless you have been cleared by a doctor to return to shore. Be sure to abide by any travel or activity restrictions suggested by the doctor. This could be very important in helping you to recover properly. Any further injury or damage that results from your activity may not be recoverable. You have a duty to mitigate your own injury which essentially means you must take care not to make any injury worse than it already is.

Once again, it is extremely important that seamen take the time to educate themselves about their rights and options under the Jones Act following an injury. By doing so, maritime workers can vastly improve their chances of recovering damages. 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, Houma and Tibideaux.

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