Mental Stress and Zone of Danger

The term "Zone of Danger" relates to situations and conditions on a vessel, or other offshore structure, in which there is a real threat of physical injury that is linked to mental and emotional stress.  It is possible to make a claim for emotional and psychological injuries under the Jones Act but there are a number of legal requirements that must be present for a worker to successfully prosecute a claim. 

In claims for severe mental or emotional stress created by the situations that occur on the vessel or by the actions of a crewmember, a seaman must demonstrate physical injury or their presence within the “zone of danger” where physical injury was possible.  The Supreme Court has historically used the “zone of danger” requirement in non-maritime cases.  However, 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, it must be shown 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.  If a worker with no physical injury is suffering from stress but cannot show that he was within the “zone of danger” when a negligent act occurred or where an unsafe condition existed, then he cannot recover for damages under the Jones Act because he lacks a compensable injury.  Under the principles of General Maritime Law, if a seaman lacks a compensable injury under the Jones Act, then there can be no recovery for unseaworthiness. 

The isolation experienced by seamen, long hours, cramped quarters, the thought 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 and defeat.  Depression can cause work to suffer, physical injuries, feelings of hopelessness, family problems and even suicide.

Workers should not try to determine whether or not they have a valid claim for emotional or psychological injuries under the Jones Act.  Workers should talk to a maritime lawyer about their life and their feelings and allow their lawyer to help choose a doctor that can treat these symptoms and determine the value of this non-physical injury as it relates to a final settlement.