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Should You Accept a Settlement and Try To Return To Work After the DEEPWATER HORIZON Accident?

Following the DEEPWATER HORIZON incident, our office has talked with several people who have asked if it is a good idea to accept a company-offered settlement which may also include being able to return to work at a later date. These individuals want to know if the company offers a relatively fair amount of money along with continued employment, is this the best path to choose for them. We have advised these individuals that unfortunately this may not be the best way to resolve their claim.

First, any efforts to return to work at a later date are very uncertain at this point. After what the rig workers went through on the DEEPWATER HORIZON it is possible that most of them will have great difficulty returning to offshore maritime work. They will not know this until they actually make efforts to return to work at a later date. Any company offering a settlement and continued employment will, in all likelihood, require that the employee sign a full release prior to returning to work. If you are being asked to sign a full release prior to attempting to return to work, you should never do so, since you do not know for sure if you will be successful in returning to work until you actual spend time out there.

In many cases individuals may attempt to return to work only to find that they are not able to do so either physically or emotionally. If these individuals have resolved their claims then they will not have any type of recourse or ability to collect lost wages in the event they are ultimately unable to return to work. In short, a fast, early settlement with any company involved in the DEEPWATER HORIZON accident is dangerous because you may not yet know if you are able to return to work offshore.

Finally, in regard to fast settlements from any companies involved in the incident, it is too early to tell which parties are fully at fault for the accident. Anyone working on the rig may have the ability to file claims against multiple parties. This is important because often the best settlements can be attained for an individual when multiple parties are at fault for a particular accident. Since each party may bear full responsibility for the accident, often each party is willing to offer a very fair settlement which ultimately results in an excellent resolution for the individual. In other words you may be entitled to money from several of the parties involved and not just the party offering the settlement. In fact, the party offering the settlement to you may actually be reimbursed at a later date from other parties involved in the DEEPWATER HORIZON accident.

Although a situation such as the DEEPWATER HORIZON may appear simple, in reality there are always more complicated issues to consider before accepting a quick, fast settlement. It is understandable that some of the individuals will simply want to "move on" and get back to work as soon as possible. However there is no need for them to accept any type of quick, fast settlement in order to attempt to return to work. If any company tells you that you must sign a full release before you are allowed to return to work with them, they are clearly not being honest with you. You may return to work for your employer without settling any type of claim arising out of the incident. If you find that you are not able to continue working offshore, then you are still entitled to pursue a full claim against your company and other companies as long as your claim is timely filed and you have not released or settled with any parties.

You may have questions or concerns about your future right now. Our office can help answer those questions and discuss your options with you. Simply fill out the short form below to get started. We will contact you immediately and give you our thoughts on your situation based on helping hundreds of clients throughout the Gulf South. There is no high pressure sales talk. Just us giving you our thoughts on your options and your rights. Fill out the form below and learn you options.