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Will I Be Allowed to Return To Work After My Injury? My Company Has Told Me My Job Is Safe-- Is It?

Many of our clients will tell us how long they worked for the company and how valued they were by their supervisors. Our clients tell us that their rig workers and toolpushers told them, "Don't worry, once you get better your job will be here for you." These clients falsely believed that they would be welcomed back to work once they received medical treatment for their injury. There are several reasons why most injured offshore employees are never allowed to return to work for any long period of time after their injury:

If you have received medical treatment and you have been off of work due to your injury, most likely an insurance company is now involved in handling your claim. It doesn't matter how nice your company wants to be to you--an insurance company is now in charge and they view your case as a 'claim', nothing more (sorry, but it is true).
Your company must not only consider your situation, but they must also look out for all their other employees if they allow you to return to work. If you return to work and injure a co-employee because you have not recovered 100%, your company will face a lawsuit from that employee.
Unfortunately, there are probably other available workers that the company can hire to replace you. These are 'new' workers without any history of an accident or injury.

One of the most important things to realize is that your company may actually want you to return to work...but not necessarily long term. If you return to work for a few weeks or even months, then you have seriously weakened any type of claim you may have had against the company for lost wages. This is because in any wage claim the main issue is whether or not you are able to return to work and earn as much money as you did at the time of your injury. Most smart (but sneaky) coompanies will welcome you back to work for at least a few weeks or even months since this can then be used against you later as proof that you were able to return to work.

Every day we speak to individuals injured offshore and we always advise them that they must ask themselves if they would be able to pass a physical for ANOTHER offshore or maritime company. That is the key question. Many companies now perform MRIs and if you have suffered a back or neck injury, you may not be able to pass such physical. If you cannot pass a physical for ANOTHER company, then your injury will and does prevent you from returning to offshore work and you should speak to a maritime lawyer for help. Call us for help.

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