Protect Your Rights

Understanding Where You Stand

Injured seamen and other maritime workers have to be extremely careful when dealing with their employer after an injury at sea. While the law entitles injured workers to certain wage and medical benefits (including mental anguish, pain and suffering, or disfigurment), the reality of the situation is that many companies realize most workers are reluctant to bring a lawsuit against them. Understanding the options available to you can help you protect your rights and prepare for what your company may do in order to avoid paying your benefits.

Denying Benefits Owed Injured Seamen

In the past, employers who failed to provide medical benefits owed injured employees were subject to punitive damages. Consequently, companies had a financial incentive to treat employees appropriately in order to avoid litigation and expensive settlements. However, the courts have ruled in cases involving the Jones Act, punitive damages cannot be recovered – and employers realize this. While there are some employers who provide responsible care and help for their injured seamen, others realize if they deny an injured seamen benefits the most that can be recovered will be the cost of medical treatment and attorney’s fees.

Going to Court over Denied Benefits

If your employer tries to force you to see a particular doctor or refuses to pay maintenance benefits, your only option is to sue them. Some employers will cut off maintenance payments once you file suit against them even though by law they should not. Employers that engage in this kind of behavior are essentially calling an injured seaman’s bluff: they assume most injured seamen will grow tired of the process and either settle or quit their job. However, while you cannot recover punitive damages under the Jones Act, you may be able to recover losses associated with hardship as a result of your employer’s actions.

Steps You Can Take to Protect Yourself

After an injury, it is essential that you accurately portray what happened in any written statements you provide to your attorney or your employer. Anything you leave out initially can be used later to undermine the reliability of your claims. Additionally, you should gather contact information from any witnesses should it be necessary to have them testify on your behalf later. If you have a cell phone or camera and can take photographs of conditions on board that led to your injuries, doing so will also support your case.

Contact the Admiralty Law Firm of Bailey & Galyen

If your employer has refused to pay benefits owed to you under the law, our office will investigate your case, subpoena company records, and expose negligence and malfeasance on the part of your employer. For more information regarding what you can do to protect your rights, contact Bailey & Galyen today.