Are you considered a seaman under the Jones Act? Then find out how you can file a claim to get compensation for an injury you sustained during work. If you take the right steps, and quickly, you can receive the full compensation that you are owed, which can help cover you for any lost wages or loss of earning capacity. It can also cover all your medical bills, including past and current payments as well as the future bills you expect to pay. You can also be compensated for your physical and mental suffering. Read on to find out how you can get the compensation that you need.
Reporting the Accident
According to federal law, a seaman has seven days to report an injury at work, whether you sustained it on land or at sea. Delay is bad idea though; report the accident to your supervisor as soon as you can. Any insurance company will believe that your injury is not a real problem if you did not report it as soon as possible. If a workplace accident has left you uncertain about your being able to show up to work the next day, report your injury.
The next step for a merchant seaman would be to fill out a company's accident report. As part of that report, you will be asked to identify who is at fault for the accident. This is tricky. If you do not put down the company as the one at fault, then you may not be able to file under the Jones Act. But if you do put down the company as being at fault, then you might be putting your job in jeopardy if you later find out that your injury is actually minor and does not warrant a Jones Act claim. If you are uncertain, then put down that you do not yet know who is at fault, that you need more time. Do not fill out this form if you do not feel up to it, such as if you are on strong medication. Wait to complete it when you are more capable. As a commercial fisherman or merchant mariner, an insurer is probably going to approach you and ask for a statement, recorded on tape or in writing. If you can, do not provide this statement—ever. Giving a statement will never benefit you.
Medical Treatment and Records
Anyone who is injured requires medical attention. Your employer is responsible to see that you get the treatment you need. If you are severely hurt at sea while within the range of a Coast Guard helicopter, then there should be a medical evacuation. If you are even further out but on your way home to the U.S., then a helicopter can evacuate you as soon as you are near enough. Before that point, the ship is responsible to reach a doctor on the phone or radio for help with grave injuries. At a foreign port, the ship must ensure that you get adequate medical care, and that you are returned home for continued treatment.
One you are back in the United States, you will need to make sure that you see a physician, obey all instructions, and make it to every appointment. Otherwise, an insurer will think your injury did not cause you any problems, or that you aggravated your own condition, meaning that the company is not liable for your injuries. Plus medical records are vital to the success of any claim.
Taking Legal Action
Next, you will need a lawyer if the insurer will not cover your medical treatment, or if your compensation could be more than about $15,000. You do not want to settle your Jones Act claim until you are back at work though. Only then can you know if you have healed, and only then will the extent of your injuries be apparent. If you have not completed your medical treatment, then you cannot know how much you should get in a settlement either. If your claim does not reach a settlement, however, then you can file a lawsuit. Be aware that it would take about 14 to 16 months before your case makes it to trial. In a trial, you would definitely need legal representation. If you have any more questions about filing claims for a workplace accident, do not hesitate to contact an experienced personal injury lawyer today! Find a legal professional who is committed to getting you the compensation that you deserve.