Zone of Danger in Jones Act Claims

Zone of Danger is a legal term that relates to situations and conditions of a vessel, including offshore oil rigs, that are linked to mental and emotional stress. The isolation from loved ones, long hours, cramped quarters, enduring other workers who make life difficult, fear of injury and many other factors can lead to emotional and mental injuries. Depression is a common condition caused by service on a vessel. Depression can lead to unexplained sadness, a bleak outlook on life, feelings of worthlessness or defeat or common symptoms. Depression can cause your work to suffer, lead to injuries, cause you give up, cause family problems and even suicide. All of these symptoms are greatly aggravated after a physical injury and are considered "zone of danger".

It is possible to make a claim for emotional and psychological injuries under the Jones Act but there are a number of legal considerations and requirements that must be present for a worker to be able to successfully prosecute a claim. It is enough to say that you should not try to determine whether or not you have a valid claim for emotional or psychological injuries under the Jones Act. You need to talk to a Jones Act lawyer and have him help you choose a doctor that can tell you why you are feeling this way.

Legally, in a claim for excessive mental or emotional stress created by the conditions of the vessel or by the actions of a crewmember, the seaman must demonstrate that he has suffered a physical injury or was in the “zone of danger” where physical injury was possible. The Supreme Court has historically used the “zone of danger” requirement in non-maritime cases. In 1998, the 6th Circuit adopted the “zone of danger” doctrine in a maritime context. Therefore, in order to recover for excessive stress or stress related illness, absent a physical injury, under the Jones Act or the doctrine of unseaworthiness, a seaman must demonstrate that he was within the area on the vessel where impact or injury was possible as a result of the negligent act or unsafe condition.

The two-prong test for recovery under the Jones Act requires an injury as well as a negligent act. Therefore, an individual suffering from stress with no physical injury who cannot demonstrate that he was within the “zone of danger” when the negligent act occurred or where the unsafe condition existed cannot recover under the Jones Act because he lacks a compensable injury. Under the principles of General Maritime Law, if a seaman lacks a compensable injury for recovery under the Jones Act (FELA), then there can be no recovery for breach of the warranty of seaworthiness.

The important thing is not to ignore your feelings and not make your own judgment as to whether or not you can get medical care or a Jones Act settlement. Call and talk to us about how you feel. It’s easy to talk to us. We will listen and then advise you on how we can help.

Let Us Help You

No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1-800-Jones-Act (1-800-566-3722), or send us an email. Call today and let us help you determine if you qualify for benefits due to zone of danger.