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Gulf of Mexico Ship Crash Caused by Pilot Fatigue...
Posted on 10/15/2011
Longshoreman Killed in Second Philadelphia Port Accident in Two Weeks...
Posted on 9/10/2011
Gulf of Mexico Seaman Killed in Offshore Crane Accident...
Posted on 9/4/2011
Drunken Captain Accused; Two Galveston Area Seamen Thrown Overboard...
Posted on 7/31/2011
Fourteen Barges Hit New Orleans Levee...
Posted on 6/25/2011

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Will My Company Settle My Claim? If So, Why?

Do you think your company or its insurance company will settle your case because they are trying to 'do the right thing'? Do you think they will settle so they can be a good example to other companies? Unfortunately our experience has been that most offshore companies and insurance companies will settle a Jones Act or Maritime Law case only out of fear- Fear that they may lose more if they go to court. We find this to be true for several reasons.

Most likely your claim is being handled by an insurance company, and not your employer. Even if your company handles your claim at the beginning, most settlements will be paid with insurance money. Your company's insurance representative views your injury as a claim, nothing more. They will settle it based solely on what they determine to be the amount of damages you can prove and obtain if you go to court, not based on how good an employee you were or if they believe you and your family are nice people. If your cable company provides great service to you, do you pay them 'something extra' at the end of the month, or do you just pay the amount you are billed? Your company's insurance will pay the amount they owe, nothing more.

Have you ever heard the saying, "It's not personal, it's just business." Well once you have an injury and a claim file is opened for you, it is simply business. The world is full of very nice people who are not great 'business' people. You simply must view your claim as 'business', and any settlement you are offered will be based on what you can prove, not what you may feel you deserve.

Make sure you protect yourself if you are hurt offshore. Please don't assume that your company will pay a settlement simply because someone at work told you that 'the company will take care of you'. You took your job very seriously and you need to also take your injury claim very seriously.