We handle a lot of offshore injury cases. The workers who work on
vessels, be they barges, dredges, boats, cruise ships, oil rigs, crane
barges, or any other type of offshore vessel typically are asked to do
hard, heavy manual work.
All too often, in our experience, those workers suffer back, neck,
shoulder, knee, or other serious orthopedic injuries as a result of
inadequate equipment, staffing, training, safety precautions, or by
being pushed to do their work too quickly or in unsafe conditions.
These types of injuries can be career-threatening or even, in some
cases, career-ending. Workers who must have strong backs, legs, and
arms often find themselves unable to do the work when they suffer one
of these types of injuries.
Often, what will happen after an injury is the company will send the
worker to company-sponsored or company-affiliated doctors. After a
cursory or quick medical examination, the doctor will simply send the
worker back to work on "light duty" or will even give a full release,
without doing a complete or thorough medical examination and before the
worker is ready to return to work.
When the worker tells the company that he is not ready to return, the
company will give two stark choices--return to work or lose your job.
Not much of a choice.
Fortunately, the Jones Act and maritime law provides some legal
protection to workers in this situation. For example, under the Jones
Act and maritime law, you are allowed to go to a doctor of your own
choosing. If you are not physically ready to go back to worker, the
companies should be paying part of your salary in the form of
maintenance payments and should be faciiliating your medical treatment
and paying the doctors promptly.
If the company (or its insurance companies) don't cooperate and do
everything reasonably in their power to assist you during your
recovery, they may very well be running afoul of the law.
You can make a legal claim if the companies and their insurance company
do not help facilitate your medical care and act reasonably when you
are injured. In these situations, it is important that you talk with
an experienced Jones Act or maritime injury lawyer, a lawyer you are
comfortable with who has the experience and resources to help you get a
full and fair recovery.
This is particularly important when your injury is career-threatening or possibly career-ending.
Don't fall into the "trap" that you must listen only to the company-referred doctor.