Jones Act Injuries

Houston, Texas Jones Act Lawyer, Offshore Accident Lawyer, and Louisiana, Alabama, Mississippi and Gulf Coast Maritime Lawyer

In the past 2 years alone, the Jones Act and maritime lawyers at Fitts Zehl LLP have recovered over $100 million in damages for workers injured along the Gulf Coast, including workers in Texas, Louisiana, Mississippi, Virginia and Alabama, have been interviewed on CNN and Good Morning America, and provided legal commentary to The New York Times, The Washington Post, The Houston Chronicle, Forbes, Bloomberg, and The Dallas Morning News.  Our trial lawyers refuse to settle a case until we're confident that our client is being fully compensated for his losses and damages, and we are always prepared to take a case to court. 

If you have been injured in a maritime or offshore accident in Alabama, Texas, Louisiana, Florida, Mississippi (including New Orleans, Houma, Matagorda, Port Fourchon, Cameron, Mobile, Gulfport) or anywhere else along the coast, contact the offshore injury lawyers at Fitts Zehl LLP today by clicking here or calling (866) 586-8988.

Common Offshore Injuries:

Injuries that often occur offshore are often severe, ranging from back and knee injuries, to dismemberment, severe burns, and sometimes death. Other common maritime accidents involve pressurized pipes and pipe caps, ship/port and ship/platform collisions, jack-up and submersible rigs, and unseaworthy vessels.

When we accept your case, our Jones Act lawyers work with a broad team of medical, financial and accident investigation professionals to establish legal liability and obtain the maximum compensation available. We have recovered damages and maintenance and cure benefits for hundreds of injured clients, including past and future medical expenses, loss of income, and pain and suffering.

Because the Jones Act is so complex, it is essential that you hire an attorney with experience in maritime law. Questions regarding the worker's location, distance from the shore, role, and duties when the injury occurred can greatly affect the worker's ability to recover damages, and are immediately investigated by the maritime lawyers at Fitts Zehl LLP.

It is also essential to correctly determine whether the Jones Act, Longshore and Harbor Workers' Compensation Act, workers' compensation law or general state or maritime liability laws apply. The experienced maritime attorneys at Fitts Zehl will work aggressively to ensure that you receive the greatest recovery for your damages and that valuable time is not wasted pursuing a claim under an invalid or incorrect liability theory.

Jones Act Overview

The Jones Act allows offshore workers, divers and other maritime workers to obtain compensation for injuries sustained while the employee is engaged in work that contributes to either the function of the vessel or the purpose of its voyage.

We realize that working aboard a ship, towboat, rig, offshore tug, crewboat, platform, jack-up rig, or any other type of commercial maritime vessel can be difficult work. But employers and vessel owners have a duty to prevent offshore accidents by ensuring that their vessels are free from dangers and warning maritime workers of any hazardous conditions in their workplace. This duty of care is higher than the duty normally associated with an ordinary negligence case. Any breach of this higher standard of duty that contributes to a seaman's injury, even if it seems insignificant, could result in the employer being held liable. Because the processes of determining liability and awarding appropriate compensation under the Jones Act can vary widely, the guidance of qualified counsel is essential to achieve a full and equitable recovery.

Obtaining compensation for injuries under the Jones Act involves several challenges, including:

• Proving that the plaintiff's injuries are the result of employer or co-worker negligence.
• Ensuring that the case is filed within the applicable statute of limitations
• Identifying the worker's status at the time of injury
• Determining which remedies are available, and selecting those that will provide the greatest financial recovery to the injured worker
• Analyzing the benefits of filing suit in state versus federal court

To begin the process of 1) proving the cause and extent of your injuries, 2) establishing your eligibility to file and pursue a claim under the Jones Act and 3) ensuring that your claim is filed on time, contact the experienced and skilled Jones Act attorneys at Fitts Zehl, LLP.

Under the Jones Act, maritime employers owe their workers a number of duties, including:

• Providing a safe work environment, and safe equipment, tools, and safety devices
• Inspecting the work environment to ensure that it is safe and free of hazards
• Providing adequate training, supervision and assistance to workers
• Taking measures to ensure that workers are safe from the harmful intentional acts of others
• Adopting and Enforcing safety rules and regulations

In addition, maritime employers must also provide an injured employee with: 

• The unearned wages from the remainder of the scheduled voyage
• Maintenance and cure until maximum medical improvement is achieved
• The opportunity to select his own doctor for treatment or a second opinion

Don't forget, these rights exist regardless of who is at fault. If your employer refuses maintenance and cure and you are forced to sue, you may even be entitled to recover attorney's fees as well. If any of your rights have been trampled by an uncaring employer, contact our Texas Jones Act attorneys right away.

Here are a few tips to remember if you or a fellow seaman is ever injured offshore:

1.  Report the injury immediately to a supervisor.
2.  Make sure the incident is properly recorded.
3.  Request medical attention and take note of the names of the medical personnel involved in treatment.   
    (Remember, you are not required to see a company doctor!)
4.  Gather the names and contact information of any and all witnesses.
5.  Take a photograph of the accident site and any conditions that may have contributed to the injury.
6.  Do not sign anything until you consult an experienced Jones Act lawyer. 

Remember, in the event of an offshore accident, it is important that you try to get the names of all witnesses and do not give a statement without talking to an experienced Jones Act and maritime lawyer.

Under the Jones Act, the following legal damages are available to injured seamen:

• Medical Expenses - The Jones Act provides an injured seaman the opportunity to recover for medical expenses stemming from the incident. This includes money for hospitalization, surgery and any necessary medication.
• Lost Wages - So long as the injury was at least partially the employer's fault, a seaman may recover any lost wages for the time he was unable to work.
• Pain and Suffering - Under the Act, an injured seaman may recover money for any pain or suffering resulting from the injury.
• Mental Anguish - The Jones Act provides for compensation when an injury keeps a seaman from enjoying the activities or hobbies he enjoyed prior to the accident.
• Lost Earning Capacity - The Act allows compensation for a loss in earning capacity. For example, if you were capable of earning $50,000 before an injury but only $35,000 after, your lost earning capacity would be $15,000 per year.
• Disfigurement - Injured seamen may also be compensated in the event that they suffer any permanent disfigurement. This includes loss of hearing or vision, scarring, loss of limb or any other visible condition resulting from the incident that may cause a seaman to feel shame or embarrassment.

The Jones Act and Unseaworthiness:

Just because a vessel is capable of putting out to sea does not mean it is seaworthy. A ship is unseaworthy when there is an unreasonably dangerous condition present onboard. All too often, employers looking to cut corners and save money will allow an unseaworthy vessel to venture offshore, endangering the lives of everyone onboard. This is a risk that must not be tolerated. Some examples of unseaworthiness include:

• Any failure to properly man a vessel.
• Any failure to properly maintain the deck or any other passageway onboard the vessel.
• Any failure to properly use or stow lines, wires or cables onboard the ship.
• Any failure to provide sufficient lifeboats or other required safety gear.
• Any insistence on working in inclement weather or under dangerous conditions, including working extended hours or lifting excessively heavy objects.

What if I contributed to my injuries?

Under the theory of contributory fault, any Defendant that alleges a seaman contributed to his own injury must prove it. This burden of proof rests with the Defendant because a seaman has only a slight duty to exercise care in protecting himself from danger while working. Therefore, a Defendant must do more than simply claim that the injured seaman knowingly accepted a dangerous working assignment or that he carried out his orders even though he recognized the potential for danger. Regardless of what happened, if you or a loved one were injured offshore, our experienced Jones Act lawyers are standing by to help you. 

Contact our Jones Act Lawyers Today

If you have been injured in a maritime or offshore accident in Alabama, Texas, Louisiana, Florida, Mississippi (including New Orleans, Houma, Matagorda, Port Fourchon, Cameron, Mobile, Gulfport) or anywhere else along the coast, contact the offshore injury lawyers at Fitts Zehl LLP. We offer free initial consultations and employ in-house Spanish-language speakers. We work on a contingency-fee basis so that you pay nothing unless we win. Our offices are centrally located in the Galleria Financial Center. To contact us, call 866-586-8988.