If you are injured offshore and qualify as a Jones Act seaman (you can read more about the Jones Act and Jones Act seaman status in other entries on this website), some employers will treat you honestly and fairly, provide independent medical advice and care, ensure that you recover from your injuries before requiring you to come back to work, and provide you and your family with appropriate payments while you recover from your injuries.
However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply aren't true, or are extremely misleading. Almost every single Jones Act employer will have lawyers and insurance adjusters ready to provide them with advice. Sometimes, they will attempt to get you to do takes actions that hurt your case and before you have the benefit of independent legal advice.
The following are some common tricks used by offshore employers that you should be aware of and that should cause "red flags" to come up:
1. Injured Jones Act workers ARE NOT required to give a recorded statement.
The Jones Act does not require injured seamen to give a recorded statement to the employer or its insurance representatives. While you should certainly report the accident immediately and in compliance with company procedures, you are simply not required to give a recorded statement. If your employer or its insurance representatives tell you that you are required to give a recorded statement, you should be very suspicious. In fact, the employer may try to get you to say things that may hurt your case later on. And once it's recorded, you will have a lot of trouble later on if you were tricked into saying things you didn't mean.
Bottom line: Be very careful about giving any recorded statement before you get independent legal advice.
2. Injured Jones Act seamen ARE NOT required to sign any paperwork in exchange for getting medical benefits or maintenance payments.
Recently, some Jones Act employers have started requiring, or strongly suggesting, that injured seamen sign papers before they get medical benefits, maintenance, or "advances" on their personal injury settlements. This is NOT required under the Jones Act. And it is almost always a big mistake to sign such paperwork before consulting with independent, non-company affiliated lawyers.
Why is this a big mistake? Because Jones Act employers often bury arbitration clauses or other language in this paperwork, and some courts have actually been enforcing these arbitrations clauses or waivers. What does it mean to sign and be bound by an arbitration clause? It means you may be forever giving up your right to a trial in Court, and instead, you may be agreeing to have your case heard by an arbitrator in a venue that is hand-picked by your employer. Almost always a bad idea.
If your employer requires you to sign paperwork after you're injured, you should STRONGLY consider having the paperwork reviewed by an independent, non-company affiliated lawyer to make absolutely sure you are not giving up important legal rights.
3. Injured Jones Act seamen ARE NOT required to see company doctors.
Contrary to popular opinion, if you are injured offshore, you are not required to see only company-selected doctors. You should pick a doctor who you like, with whom you are comfortable, and who treats you fairly and appropriately. Unfortunately, some company-affiliated medical providers will try to force you back to work before you are ready, and will avoid performing tests that reveal the true extent of any possible injury. Bottom line here is that you are allowed to select your own doctors. If your Jones Act employer says you are required to go to company-selected doctors only, they are wrong.
4. Injured Jones Act seamen ARE entitled to medical benefits and maintenance regardless of fault
If you are injured offshore and qualify as a Jones Act seaman, you are entitled to medical benefits and maintenance (so-called "maintenance and cure") regardless of who was at fault. Unless you were injured off the job, or you intentionally caused your own injuries, your Jones Act employer must pay maintenance and cure until you reach maximum medical improvement. If your Jones Act employer tells you the injury was "your fault," or wasn't the fault of the employer, and therefore they are not required to pay your medical benefits and maintenance while you recover, they are wrong on this as well, and you should seek independent legal advice immediately to ensure that you get appropriate medical treatment.
5. Injured Jones Act seamen ARE entitled to bring claims for negligence and unseaworthiness against their employer if they were injured due to the employer's fault or negligence
Injured Jones Act seamen are entitled to maintenance and cure regardless of fault. in addition to no-fault maintenance and cure, injured Jones Act seamen can bring negligence claims and unseaworthiness claims against their employer if the employer's fault caused the injuries, if the vessel or rig was "unseaworthy," or if the employer otherwise caused or even contributed to the injuries.
If you can prove negligence or unseaworthiness, you may be entitled to future medical care beyond maximum medical improvement, lost wages both past and future, and pain and suffering and mental anguish damages. But in these situations, you must prove fault, unlike maintenance and cure, which is no-fault.
Some Jones Act or maritime employers may tell you that maintenance and cure is all you get. Don't listen to this nonsense. If there is negligence or fault, the law says you have a right to bring a negligence or unseaworthiness cause of action under the Jones Act, if you are a seaman.
Conclusion
The five issues above are just a few examples of commonly misunderstood legal issues arising in Jones Act injury cases. There are many more common tactics and misunderstandings that are listed above. I will continue to update this website with more examples as appropriate, so make sure to check back often for updates on these and other important Jones Act and maritime law topics.
In the meantime, trust your own common sense. If you are a Jones Act seaman and are injured offshore, and something just doesn't "smell right," it probably isn't. If you see red flags or something happens that causes you to be suspicious, you should strongly consider getting a free consultation from an experienced Jones Act attorney. Most competent Jones Act attorneys will give you a no-charge free consultation and let you know whether your Jones Act employer is trying to trick you or not. When things don't "seem right," they usually aren't. Trust your gut.