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.

How Important Is It To Disclose Pre-Existing Injuries Or Surgeries On My Job Applications?
Posted by: rzehl
February 05, 2010

When applying for a new job, many are tempted to leave out pre-existing injuries or past surgeries on job applications in order to avoid giving potential employers a reason not to hire them. While this strategy may get you a job, it can also cause serious problems further down the line. In the event of an injury, if it is discovered that a seaman has lied on his job application about prior injuries or surgeries, his or her employer is automatically released from the obligation of paying maintenance and cure. As you may be aware, maritime employers typically have an affirmative duty to pay maintenance (money for reasonable expenses) and cure (money for medical expenses) following an injury. Do not give them an excuse to avoid paying!

If you or a loved one has been injured offshore, contact the experienced Jones Act lawyers at Fitts Zehl, LLP today for a free consultation. The maritime trial attorneys at FZ have the knowledge and skill necessary to successfully litigate all types of offshore injury claims. We proudly serve clients from throughout the entire Gulf Coast region including Houston, Galveston, Houma, New Orleans and Port Fourchon.

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