Q: I’ve just been injured offshore, what should I do now?

Posted by: rzehl
May 13, 2008
Topic: Maritime & Jones Act FAQ

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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