After an accident, the aftermath can feel overwhelming. Dealing with injuries, medical treatment, and the uncertainty of your work future can create significant stress. During this time, it’s easy to unintentionally do something that could weaken your future legal claim. It’s essential to be mindful of your actions, as they can significantly impact your ability to receive fair compensation for the losses caused by your injuries.
Here are critical steps to take—and things to avoid—after a maritime accident:
1. Do Report the Accident to Your Supervisor Immediately
Even if your injury doesn’t seem serious at first, report the accident right away. If your injury becomes more severe later, it’s vital to have the incident documented. Complete an accident report or make an entry in the vessel’s logbook as soon as possible. Request a copy of anything you sign. If your vessel has a medical officer, talk to them about the care available onboard and discuss how long you can wait before getting professional help at the next port.
2. Do Seek Medical Attention as Soon as Possible
Your health and recovery should be your top priority after an accident. Seek medical attention as soon as possible, even if your injury seems minor. When you see a doctor, explain in detail how the injury occurred. This helps the medical team accurately diagnose your condition and also creates an important record for your injury claim. Remember, under the Maintenance and Cure doctrine, your employer is obligated to cover your medical expenses, and you are entitled to be treated by a doctor of your choice.
3. Do Not Give a Statement to Your Employer or Their Insurance Company
While it’s natural to trust your employer and coworkers, you should avoid giving any statement—official or otherwise—about your accident without first consulting an attorney. Your words could be used against you by your employer or their insurance company to minimize or deny your claim. An attorney can help ensure you don’t unintentionally weaken your case.
4. Do Consult with an Attorney Before Agreeing to a Settlement
Maritime companies and their insurance providers often prioritize their profits over your well-being. They may offer you a quick settlement that doesn’t fully cover your losses. Before accepting any settlement offer, speak with an experienced maritime attorney. Your attorney will ensure that you receive fair compensation for your injuries and aren’t shortchanged by the insurance company.
5. Do Not Return to Work Until You’re Fully Recovered
Even if you feel pressured by your employer to return to work quickly, don’t go back until you are fully recovered—both physically and mentally. Returning too soon can aggravate your injuries, potentially causing long-term or permanent damage. Always get clearance from your personal doctor before resuming work. If you’re pursuing a legal claim, consult your attorney before making any decisions about returning to work.
6. Do File a Maritime Accident Claim as Soon as Possible
Time is of the essence when it comes to filing a maritime accident claim. The law limits the time you have to take legal action, and delays can weaken your case. Key evidence, witness statements, and documentation may be time-sensitive, so it’s important to act quickly. Filing your claim sooner rather than later can protect your legal rights and increase your chances of receiving fair compensation.
7. Consult a Maritime Lawyer You Can Trust
Navigating the complexities of maritime law and the Jones Act can be overwhelming, but a skilled maritime attorney can help you understand your rights and legal options. An attorney will advocate for your interests, handle negotiations with your employer and their insurance company, and ensure you’re fully compensated for your injuries.
By taking these steps and seeking trusted legal advice, you can protect your rights and improve your chances of receiving the compensation you deserve after a maritime accident. If you’ve been injured, don’t hesitate to contact an experienced maritime lawyer who can guide you through the process and represent your best interests.