Common Mistakes Injured Maritime Workers Make When They Try To Handle Their Own Claim
Our office regularly speaks to injured maritime and Jones Act employees who are seeking guidance in regard to their injury. Fortunately most of these individuals understand the complicated nature of their case and they seek experienced maritime attorneys from our office to assist them. However, in the past some individuals have told us that they were going to continue to deal with the company on their own in regard to their claim. I always feel obligated to explain the serious mistakes that can be made when an injured maritime worker tries to handle his own claim against his company.
To start with, your maritime company has extensive information available to it regarding your accident and the cause of your accident. In all likelihood you may not have remained on the rig or vessel following your accident and you do not know if an investigation was performed. You certainly do not know the results of such an investigation. The only way that you can obtain investigative-type documents from your company including the documents that prove your company's negligence is usually to file suit against the company. Filing suit allows you to force the company to give you these types of helpful documents. If you try to handle your own maritime injury claim you have no ability to "make" your company give you any of the important documents to your case.
Additionally, many individuals will have received very limited medical treatment provided by the company following their maritime injury. These individuals often are told that their medical injury is not very serious and the individual then tries to settle his case on this basis. By hiring an experienced maritime law firm you are often able to obtain expert medical treatment and testing to determine the full nature of your injuries. Our office has actually been successful in undoing and voiding releases that had been entered into by Jones Act seamen who did not know the full extent of their injuries when they individually settled their claims against their companies. These individuals accepted a very small settlement not knowing that they had actually suffered a very serious injury. Their knowledge was limited because they relied only upon their company to provide medical information and treatment to them.
Finally, one of the most basic ways we see individuals ruin their maritime injury claim when they attempt to settle it themselves is by returning to work too soon. Typically a maritime company will require that the employee receives a full return to work slip before the employee is allowed to return to the oil rig or vessel. While the employee is eager to return to work, getting a full release from your then treating physician essentially proves for your company that your injury was minor and that you have fully recovered from your injury. It is nearly impossible to undo this type of a full release. Additionally, your company will rely upon this full release in denying you any further medical treatment if your condition continues to get worse. Although it may be very appealing to return to work as soon as possible to receive weekly paychecks, these weekly paychecks may be sacrificing your yearly income for the rest of your life.
Don't make a mistake by trying to handle your Jones Act and maritime law claim on your own. Your company is very experienced and has handled thousands of similar claims. You need to understand that the individual handling your injury claim does not know your work history with the company nor does the individual care about your work history with the company. Once you suffer a serious injury working offshore your claim will be handled in a way that best protects the company. You should have someone on your side protecting your rights.
Contact the Louisiana Maritime Lawyers at The Young Firm if you have any questions at all regarding your rights! We have been helping injured Louisiana Jones Act and maritime workers for years. Your case is about more than your injury; your case is about your future.
