Jones Act and offshore workers are often mistreated when they are injured offshore

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.

Question:  If the medical facility is making hundreds of thousands of dollars or even millions of dollars off the offshore companies, whose best interest are they going to put first?  Your best interests, or the 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.

Five mistakes that can sink your Jones Act or offshore injury case

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.







Looking for a maritime lawyer in Lake Charles? Consider Kevin Camel and the lawyers at Cox, Cox, Filo, Camel & Wilson

Kevin Camel at Cox, Cox, Filo, Camel & Wilson recently posted a comment on our website about a case his firm handled.

If you have been injured offshore and are looking for a lawyer in the Lake Charles area to handle your case, consider contacting the lawyers at Cox, Cox, Filo, Camel & Wlson.

You can find their website and phone number by clicking here. 

Below is the post Mr. Camel put on our maritime website describing a case his firm handled on behalf of a severely injured maritime worker.
***********

The injured worker should not have to just "suck it up". Despite, or perhaps because of, advances in technology, the offshore industry is the most dangerous industry in which to work. Yet, rather than provide proper care to injured seamen and other offshore workers, the companies discourage them from making a claim for the benefits which they require to recover from their injuries.

Our firm represented a man who was crushed between a fixed crane and a tugger (air-winch) installed aboard the employer's vessel. The defendant employer had installed the tugger within the turn radius of the crane, creating a pinch point between the counterweight of the crane and a protective frame surrounding the tugger. The accident caused severe trauma to the seaman's anus, perineum, and rectum, internal organs, and left hip, resulting in the installation of an artificial bowel sphincter. The man has undergone over forty surgical procedures, including the creation and reversal of a colostomy and numerous debridements under anesthesia. The Jones Act seaman still suffers with severe scarring of his anus and rectum and damage to the sciatic nerve, causing uncontrolled chronic pain.

In addition to maintenance and cure benefits in excess of $1 million, we obtained $10.5 million for the seaman in settlement of his claim for damages against the employer under the Jones Act.

We worked diligently throughout the claim to ensure that the man received all the necessary treatment for his serious injuries.

********************************
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.






Back and neck injuries at sea or working on vessels or offshore oil rigs

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. 

Jones Act Barge Lawsuit Claims That Company Failed to Provide a Safe Place to Work

A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed. 

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge.  The barge was empty.  The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendents of deceased workers may be able to bring claims for wrongful death.  Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death.  The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring. 

Most important, don't trust the insurance company to tell you your rights. 
Hire your own independent lawyer to advise you.