Will my husband get backlash from his employer?

Your husband may experience backlash from his employer – or even his coworkers – after suffering a maritime injury. This typically is attributable to the company viewing your husband not as an employee, but rather, as a liability or an “open claim.”

Backlash may include creating a hostile workplace, workplace harassment, cutting pay or even firing him from his position. Your husband has options for seeking legal assistance and taking protective action against backlash that can harm his physical and financial wellbeing.

Understanding How and Why Backlash Occurs

Your husband may experience a drastic change in the nature of his relationship with his employer in the event of a serious offshore injury. The company is likely concerned about the potential for an injury claim or lawsuit. This causes the employer to assume a position of self-protection. In this case, the employer will not put your husband’s needs at the forefront. Instead, it will take steps to limit its own liability and protect itself against potential financial loss.

This may be a difficult realization for your husband. From his perspective, the “company” is the men and women with whom he works on a daily basis. Meanwhile, executives or lawyers who have never met your husband may be making decisions about his injury and potential claim/lawsuit. These people are focused on protecting the company’s bottom line.

Kinds of Backlash Injured Maritime Workers May Experience

Backlash can manifest in a number of ways, some of which may financially impact your husband and family.

Some possible forms of backlash include:

• ignoring your husband’s phone calls, emails or other requests for information and contact;
• blaming your husband for his injuries;
• refusing to approve your husband’s necessary medical treatment;
• cutting off bonuses and other types of payment;
• threatening your husband with termination or other types of workplace harassment in the event he files a claim; and/or
• wrongfully dismissing your husband from employment.

Your husband may experience a number of other stressful situations after an injury, including workplace hostility or intrusive surveillance activities (typically conducted in efforts to discredit your husband’s potential claim).

What Your Husband Can Do if He Experiences Backlash

Your husband has the right to hire a maritime attorney at any stage of his claim. Talking to an attorney will help your husband understand his rights and responsibilities even if he is not yet certain he will pursue compensation for his injuries.

Other strategies for coping with backlash from employers or coworkers includes:

• focusing on the long-term (your family should consider your economic needs for the next three to five years, or longer, and what you must do in order to secure a solid financial future);
• staying in compliance with a physician’s orders (encourage your husband to follow his physician’s instructions – especially if he is under company surveillance); and
• exercising caution when speaking to his employer (anything your husband says to his employer’s lawyer, insurance adjuster or other representative can be used to undermine a future claim).

You and your husband may contact our offices to schedule a free case evaluation at your convenience. Call 504-680-4100.