What Happens When a Seaman is Fired for Filing a Jones Act Claim?

If you have been injured offshore, you might be hesitant to file a Jones Act claim to recover compensation out of fear that your employer will fire you. You are not alone. Many offshore workers are afraid that they will be fired or “blackballed” for trying to obtain money for their injuries. This fear shouldn’t keep you from looking into your rights following an accident on an oil rig, fishing boat, barge or other vessel.

The truth is, you could be fired for filing a Jones Act claim. Employers sometimes retaliate against workers for filing an injury claim. However, an employer can be held liable if a maritime employee is fired out of retaliation according to previous cases involving this issue.

A 1981 case, known as Smith v. Atlas Off-Shore Boat Service, established a tort action on behalf of seamen who are fired by their employers in retaliation for pursuing Jones Act claims.

In 2009, another case addressed this same issue. The court in the case, Smith v. Blake Offshore LLC, held that the employer committed the retaliatory discharge tort when it put an employer on “leave of absence” upon discovering that the worker had hired an attorney. The employer had even immediately ordered the seaman off the premises. In this case, the employer was liable for the seaman’s injury, but instead of awarding separate damages for retaliation, the court increased the worker’s compensation for pain and suffering from his injury. This additional compensation was supposed to include “his mental anguish and embarrassment for having been wrongfully fired.”

If you have been injured in a maritime accident, you could be entitled to compensation. You need to find out your rights under the Jones Act and maritime law. Contact an experienced maritime attorney at the Law Offices of Vujasinovic & Beckcom, P.L.L.C. at 713.224.7800 or 877.724.7800.

Be sure to order Maritime Lawyer Brian Beckcom’s book, Insider's Guide to Winning Your Maritime Injury Case. This book is one that the company and insurer do not want you to read. Order your copy to find out why.