Maritime Injury Law Blog : Maritime Injury Lawyer & Attorney : Vujasinovic & Beckcom : Jones Act : Serving Texas, Louisiana, Mississippi

One of the most common questions we get from clients who are injured offshore is whether they are required to give a to the company or its insurance adjuster.

The answer is no, at least before you get your own independent legal advice.

Many times, however, the insurance agent will put a lot of pressure on  you to get you to give a statement.  Sometimes, they act like they are trying to be your friend or "settle your case quickly."

In my opinion, most of the time giving a recorded statement to an insurance company or your company representative after an offshore injury is a big mistake.  Why?  Think about it.  The insurance company deals with injured people all the time.  They know the law and the tricks and traps they can use to hurt your case.  They don't get paid for paying claims. 

If you are considering giving the company a recorded statement before getting your own independent legal advice, ask the insurance company these four questions.  The answers may surprise you:

1.  Will you agree in writing to accept legal responsibility for my injuries?

2.  Will you agree in writing to pay for all my medical bills?

3.  Will you agree in writing to pay for my lost wages?

4.  Will you let me see the accident report and company claims file before I give a recorded statement so I can see what the company really thinks about my claim.

The answers to these questions will probably tell you a lot about what is really going on when it comes to "recorded statements."

Maritime Work is Dangerous

These tragic stories are all too common.  The offshore dredge injury needs to take serious steps to increase the safety standards and requirements for their workers.  Dredge work is dangerous, difficult work.  If the companies don't make employee and public safety their number one priority, it becomes even more dangerous.

Read These Articles Before You Hire An Attorney, Give a Recorded Statement, or Sign Any Forms

Do you want to get helpful information that is written for injured workers and their families, and not the company or insurance carrier?  In addition to our websites, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.texasinjuryaccidentlawyer.com

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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One of the interesting things about representing hundreds of offshore workers, Jones Act seamen, and maritime workers is that you get a unique perspective on how to most efficiently and effectively represent these workers.

You also learn the tricks and traps that insurance companies and the offshore companies will use to try to wreck the case.

I have seen injured offshore workers make a lot of really simply mistakes before they call me which can really hurt their case.

In fact, what happens in some cases is that the injured offshore worker will have already hired an attorney, and a mistake or complication will arise in the case, and then I will get a phone call from the injured worker's attorney.

By then, it may be too late to do anything.  Or it may be a matter of damage control.  Or it may be a problem that can be fixed.

But the number one mistake I see when representing and advising injured offshore workers, Jones Act seamen, and maritime workers is hiring the wrong attorney for their case.

Maritime law is complicated.  Most attorneys (probably 99% or more) have never handled and will never handle a maritime injury, Jones Act, or offshore injury case. 

What will happen is the injured worker will call some attorney who did their will or got them out of a traffic ticket or who was recommended by their uncle.  That attorney may have never handled a Jones Act case.  The attorney may not know the difference between maintenance and cure. 

But the injured worker will hire that attorney anyway. 

Taking advice from such an attorney can be a very bad idea, and in fact, can wreck your case (or reduce the amount of money you get).

The Internet makes it possible to do a lot of research on attorneys.  You can find a lot of basic background information about attorneys.  (But keep in mind, attorneys can say they handle Jones Act or maritime injury cases when they don't.)

Then, you should make list of who to call and get in contact with at least 3-4 different attorneys, and ask them probing questions to figure out whether they know what they are doing.

For more information about the process, if you are an injured offshore worker or family member, you can get a free copy of "The Insider's Guide to Winning Maritime Injury Claims." 

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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Way Too Many Offshore Workers Are Mistreated When They Are Hurt

    It is a simple fact of life and one that our law firm has seen too many times.  

    A good, hard-working employee is injured offshore on the job through no fault of his or her own.  The employee reports the injury.  The company then either refuses to do an accident report, does a very quick but not very thorough accident report (or even an inaccurate report), and then tries to get the employee to write something or sign something giving away all their legal rights.  

    Sometimes, the company will try to make the hurt employee sign something before they will get them medical attention, a totally improper (and probably unethical) way of doing business.

    We have even seen cases where dredge companies go to the hospital after a worker is injured and try to get the injured worker to sign papers giving away important legal rights while the worker is laying in his hospital bed on medication.

    Even if the injured worker can convince the company to provide medical care, often it will just be a quick exam by a company medic (not even a doctor) who will say the injury is a bruise or blister or some other minor issue.  The medic then gives the injured employee some over-the-counter medication and orders the employee back to work.

    In more serious cases, some companies will provide immediate medical care.  

    But they will provide the care through a company medical facility using company doctors.  And those company doctors will be doing everything they can to save the company money and get the worker back to work before he or she is ready.

    It’s really amazing.  

    There are medical facilities that basically do nothing but provide services for offshore companies and other industrial type companies.  They make hundreds of thousands or even millions of dollars off these companies.


    Of course they are going to put the companies’ interest first.

    This does not mean these medical facilities are dishonest or that the doctors are lying.  However, medicine can be an art as well as a science, which means there are gray areas in medicine.  

    If your case is a close call, and the choice is between saving the company money or providing a complete and full medical workup and follow-up care to you, many of these facilities are going to lean towards the saving the company money.

    Once the company has a “release to work” paper from the company doctor, even if you aren’t ready to return, they will pester you and bug you and bother you and call you and write you and demand that you come back to work.

    You know whether you are ready to return.  

    When you are still hurting, and not able to do the hard work it takes to be an offshore worker, if the company makes you go back to work you may hurt yourself even worse.  Or you may be a safety risk to your fellow workers.

    That’s why you want to make sure you are completely healed and better—both for your own health and the safety of your fellow workers.

    But if you don’t return to work when the company wants and on the company’s schedule, then you’re probably going to get fired.  
    
    The company may say you “quit” by not coming back to work.  Or the company may say you “walked off the job” because you didn’t come back.

    Really this is just a way where they can avoid responsibility for firing an injured worker.

    Offshore companies know that there are other workers who are ready, willing, and able to go offshore to make the kind of money that offshore companies pay. 

    So if an employee is injured offshore, even if it’s not his or her fault, they may be out of a job really quickly.

  Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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We are pleased to announce the coming publication of a new book written exclusively for people injured offshore.

The working title of the book is "The Complete Guide to Jones Act and Maritime Injury Claims." 

We anticipate the book will be published and ready for shipment in late June or early July 2008.

This is a book that the offshore employers, cruise ship companies, and the insurance companies DO NOT want you to read. 

Why?

Because we expose their tricks and secrets and defenses and provide real, practical advice for winning your injury case.

Stand-by for more details.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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Our firm receives a lot of calls from workers in the offshore injuries.  We also receive a lot of calls from lawyers with clients who were hurt offshore. 

Often, these lawyers have never handled an offshore injury or wrongful death case and want our advice or want us to accept a case they have been working on.

We are happy to help.  However, it is always much better to call us soon after your injury or accident claim. 

Why?  Because if you don't, you may accidentally do something to sink your case before it even gets started. 

We see the same mistakes again and again.  They are easy to avoid.  But if you've never been in the situation before, you may not even know you are making a mistake before it's already made.

Here are five common mistakes that can sink your offshore injury claim:

1.  Not reporting your accident immediately. 

If you don't report your accident, the company will claim it didn't happen and basically call you a liar.  It is especially important to report your accident immediately if there were no witnesses.

2.  Giving the company or insurance people a written or recorded statement before you talk to a lawyer.

If you are hurt, the company (or its insurance people) will try to get you to give a tape-recorded statement or to sign a written statement.  DON'T DO IT!.  The company (and its insurance people) are experts at tricking you into saying something that may haunt you later on.

It is, however, okay to give a brief description on the company accident report.

3.  Not seeking medical care immediately.

Again, if you do not seek medical care immediately and try to "tough it out" instead, the company will claim that you're making up the injury later.  If you think there is any chance you were hurt, seek good medical care.

4.  Hiding past accidents from your lawyer

Many offshore workers have suffered more than one accident because the nature of the work is so dangerous.  You need to let your lawyer know about your other injuries.  If you don't, and you are caught in a lie, it will destroy your credibility and damage your case severely.

If you are honest, however, most of the time previous injuries are not that big of a deal.

5.  Hiring a lawyer who has never handled a Jones Act or maritime injury case

Don't hire the first lawyer you talk to!  Don't hire a lawyer just because a friend recommends him or her.  Don't hire a lawyer because that lawyer shouts the loudest or has the most commercials.

Hire a lawyer you like, who deals with you openly and honestly, and most important, hire a lawyer who actually has experience handling cases like yours.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

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We handle a lot of offshore injury cases.  The workers who work on vessels, be they barges, dredges, boats, cruise ships, oil rigs, crane barges, or any other type of offshore vessel typically are asked to do hard, heavy manual work. 

All too often, in our experience, those workers suffer back, neck, shoulder, knee, or other serious orthopedic injuries as a result of inadequate equipment, staffing, training, safety precautions, or by being pushed to do their work too quickly or in unsafe conditions.

These types of injuries can be career-threatening or even, in some cases, career-ending.  Workers who must have strong backs, legs, and arms often find themselves unable to do the work when they suffer one of these types of injuries.

Often, what will happen after an injury is the company will send the worker to company-sponsored or company-affiliated doctors.  After a cursory or quick medical examination, the doctor will simply send the worker back to work on "light duty" or will even give a full release, without doing a complete or thorough medical examination and before the worker is ready to return to work. 

When the worker tells the company that he is not ready to return, the company will give two stark choices--return to work or lose your job.

Not much of a choice.

Fortunately, the Jones Act and maritime law provides some legal protection to workers in this situation.  For example, under the Jones Act  and maritime law, you are allowed to go to a doctor of your own choosing.  If you are not physically ready to go back to work, the companies should be paying part of your salary in the form of maintenance payments and should be faciiliating your medical treatment and paying the doctors promptly.

If the company (or its insurance companies) don't cooperate and do everything reasonably in their power to assist you during your recovery, they may very well be running afoul of the law.

You can make a legal claim if the company and its insurance company do not help facilitate your medical care and act reasonably when you are injured.  In these situations, it is important that you talk with an experienced Jones Act or maritime injury lawyer, a lawyer you are comfortable with who has the experience and resources to help you get a full and fair recovery.

This is particularly important when your injury is career-threatening or possibly career-ending.

Don't fall into the "trap" that you must listen only to the company-referred doctor. 

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