Know Your Rights

Being Prepared

While seamen and other maritime workers have certain rights under the law, companies don’t always respect them or inform you of them. Consequently, it is essential that you understand certain rights you have under the law in order to protect yourself from being misled by employers, crewmembers on your ship or other company representatives.

You Don’t have to Talk to Company Doctors

There is nothing in the Jones Act or any other area of admiralty law that requires an injured seamen or maritime worker to talk to or consult a “company approved” doctor. Unfortunately, some unscrupulous companies try to intimidate or mislead injured workers into seeing a particular physician. According to the provisions for cure under general maritime law, injured seamen are entitled to choose their own doctor.

If you see a doctor chosen by your company, it’s likely he or she will downplay the seriousness or scope of your injuries, in some cases alleging they are due to a pre-existing condition. If your company tells you that it has scheduled a doctor’s appointment for you or asks if the company nurse can accompany you to your doctor’s visit, refuse them. You are under no legal obligation to see their doctor or have their nurse accompany you.

Providing Information to Your Company

After your injury, a company representative will probably ask you to provide certain kinds of information. In many respects, the process used by employers in processing an injury report is intended to protect company interests. If you are asked to provide a description of your accident, do not allow a company representative to write down what happened. Provide your own written statement after making a copy for yourself. And, most importantly, do not sign anything that you have not read completely.

What You Should know about Insurance Companies

Insurance companies are committed first and foremost to making money. As a result, insurers undertake a number of cost-savings initiatives in order reduce the amount of money they pay in claims. Prepared with a team of doctors and lawyers, insurers often try to convince injury victims to essentially sign away certain rights or protections they may not even be aware they have. You should not provide a written or spoken statement to an insurer or release your medical records to them. Before speaking to a claims adjuster, consult an experienced attorney who can protect your rights and financial interests.

Protect Your Rights – Contact Bailey & Galyen

If your employer is pressuring you to sign papers you don’t understand or agree with, contact admiralty lawyers at Bailey & Galyen today. Not only will we protect your job and rights under the law, we will investigate your case and hold your employer responsible for any violations.