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Why it’s important for seamen to fully disclose your medical history

Maritime employers will try to gather as much documentation against injured seamen in the hope that the higher the stack of paperwork, the greater the perception of wrongdoing, or preponderance of evidence.

There are two reasons why it is critical that you provide your complete medical history when you sign aboard the vessel. One is to avoid potential legal troubles if you ever get sick or injured on the job. Two, it could save your life one day.

Regarding the first reason, your employer can and may go after you with full force in order to deny you fair compensation if you're hurt on the job. One way is to go through your medical records with a fine tooth comb in order to hopefully find something, anything, which they can use to discredit you.

This is not just some random situation. It is standard industry practice. Take the case of Velma Hayes who suffered injuries while working in the concession area aboard the Washington State Ferries vessel M/V Wenatchee. Investigators hunted down the woman's medical records over a 16 year period between 1992 and 2008. 104 pieces of evidence were submitted against her in King County (Wa) Superior Court. Here is the breakdown:

Exhibits 1-4: Medical Records of chiropractor visits from Aug to Dec, 1992; Exhibits 5-7: Three hospital visits in 97, 05, 06; Exhibits 8-13: Orthopedic clinic visits in 98-99; Exhibits 14-16: Doctor's office visits 98-99; Exhibit 17: Surgery center visit; Exhibit 18: Orthopedic clinic; Exhibit 19-38: Family practice center visits 2002-2007; Exhibit 39-Sleep disorder center visit; Exhibit 40-41-Inaging center visit; Exhibit 42-45: Therapy; Exhibits 46-62: Occupational medicine center, 2005-2006; Exhibits 63-80: Physical therapy, 2005-2006; Exhibit 81-83: Therapeutic center, 2005; Exhibit 84: Radiology, 2005; Exhibit 85-89: Swedish Neuroscience, 2005-2006; Exhibit 90-91: Doctor's visit, 2008; Exhibit 92-Pharmacy; Exhibit 93-doctor, merchant marine exam; Exhibit 94-96-casicno employment records; Exhibit 97: home health new employee records; Exhibit 98-Washington State Employment Security Division employment history record; Exhibit 99-unknown; Exhibit 100-Personal injury report; Exhibit 101:Standard Marine Division Claim; Exhibit 102-104: Ferry Passenger and Freight Elevator Arrangement Blueprint/Plan.

Sometimes the evidence submitted has absolutely nothing to do with the cause of the injury. We at Vujasinovic & Beckcom have received reports of insurers who send someone to every hospital in the area of an injured worker's home with an authorization looking for medical records. For example, one worker is currently being hammered on some very old injuries, and even drug treatment he received, from over 10 years ago. So this worker, instead of being applauded for getting his addiction under control over a decade ago, is trying to be set up to look like the villain instead of the victim.

Regarding the second reason to disclose your medical history, not providing your full history, or especially any medications you may be taking, could get in the way of emergency responders trying to treat you.

The moral of the story is: always give 100% medical disclosure. First, you could avoid being portrayed as a villain by the insurance company when you are legitimately hurt. Second, you could save your life because, if God forbid your condition were to suddenly incapacitate you, medical providers will have a record of what you're taking.

Learn your rights as a seaman by ordering free copy of The Insider's Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

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