Maritime & Jones Act FAQ

Q: How quickly will my offshore injury case be resolved and how much is it worth?
Posted by: rzehl
May 13, 2008

A: There are many factors to consider in determining the value of your case and how quickly it will be resolved. First of all, any settlement or jury verdict is dependant on the extent of the injury itself. How long will the injury keep you out of work? A short time? A long time? These questions must be evaluated by experts but, essentially, the greater the injury, the greater the settlement value.

Another factor involves what kind of case you have. Is it Jones Act? Longshore and Harbor Workers Act? General Maritime Law? Depending upon the type of case, the settlement values can vary. For the most part, Jones Act cases are worth more. However, this is not always true and each case must be evaluated individually.

An additional factor is the location where your injury occurred and the place where the case is filed. Some jurisdictions are better than others when it comes to filing a lawsuit. Offshore injury claims are subject to complicated venue rules controlling where a case may be filed. For this reason, it is very important for you to speak to an experienced maritime attorney in order to decide where to file your case.

The list is extensive. Other factors include how experienced the attorneys are on both sides, how clear the liability is and whether or not there were any safety regulations that were violated leading to your injury.

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Q: I?ve just been injured offshore, what should I do now?
Posted by: rzehl
May 13, 2008

A: First of all, you should immediately report the incident to the appropriate supervisor. Make sure that the accident report is complete and correct. If your injury was caused by or contributed to by a dangerous condition or problem that still exists, report that to your supervisor in order to keep others from being injured in a similar fashion. Remember, you should not give a recorded statement until after you have spoken with an experienced maritime attorney. Also, do not continue to work because it could make your injury worse.

Next, while waiting for treatment or to get off the ship, it is important that you get co-workers to write statements about the conditions present during your injury. Also, it is vital to get statements from any witnesses to the accident. In addition, do not forget to get all potential witness names, addresses and phone numbers from your co-workers. Trying to gather this information weeks or months later can sometimes be difficult.

Further, you should immediately seek medical attention from a doctor of your choosing. The company will often try to get you to see one of its doctors and get you right back to work. Do not see a doctor that they have chosen for you. Instead, consult a maritime attorney first or seek out an independent doctor that is familiar with your job and your type of injury. Also, be wary of any rehab nurses or other assistants hired by the company to "help" you. These individuals work for the other side and may try to get information to use against you. They do not have any legal right to attend your doctor appointments or to speak to your doctors about you without your permission.

Also, the statute of limitations for Jones Act cases is usually three years from the date of the injury. There are exceptions to this rule, including any seaman assigned to a vessel owned, contracted to or operated by the United States government. Actions for unseaworthiness against the vessel owner also have a three year statute of limitations that runs from the date of the injury. In some instances, a Jones Act cause of action is not available or is not the best remedy. In those situations, the action may be governed by a statute of limitations as short as one year. It is for these reasons that you should consult with an experienced maritime lawyer as soon as possible to analyze the facts of your case. Don't forget, once a statute of limitations to file a claim passes, it is almost impossible to restore your right to sue.

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Q: After an offshore injury, am I required to see only company-approved doctors?
Posted by: rzehl
May 13, 2008

A: No, injured offshore workers are not required to see only company-approved doctors. You are free to select a doctor of your choice. In some cases, company doctors will try and force you back to work before you are ready or may even avoid performing necessary tests that may reveal the true extent of an injury. It is important to remember that if a doctor works for your employer, his ultimate loyalty will most likely be to that employer, not you. That is why it is important for you to select a doctor with whom you are comfortable.

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Q: Following an offshore injury, am I required to sign anything before I receive medical treatment or maintenance payments?
Posted by: rzehl
May 13, 2008

A: No, you are not required to sign anything under the Jones Act in order to receive benefits. In truth, following an injury, it is never a good idea to sign paperwork before speaking with a Jones Act attorney. In some cases, maritime employers have even tried to force their employees into signing papers before receiving benefits. This practice serves only to protect the employer. Any number of clauses or waivers could be hidden within the papers you are given to sign. These could ultimately keep you from recovering the damage amounts that you are entitled to. If your employer insists on you signing paperwork in order to receive benefits, it is imperative that you allow an independent maritime lawyer to review those papers first to make sure that you are not signing away any valuable legal rights.

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Q: Do I have to give a formal statement after I am injured?
Posted by: rzehl
May 12, 2008

A: No, the Jones Act does not require seamen to give a recorded statement to their employer or its insurance representatives. While it is definitely a good idea to report the incident immediately to your employer in compliance with company policy, you are not required to give a formal statement. In fact, any demand to the contrary by your employer should be treated with suspicion. Sometimes an employer may eventry to get you to say things in your statement that will hurt your case in the future. Once something is recorded, even if it's not what you meant, it will be hard to argue against it in court and it could seriously hinder your ability to recover damages down the road. Essentially, be very careful about giving a recorded statement before you consult a Jones Act attorney.

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