Maritime workers who have experienced traumatic events can develop PTSD or Post Traumatic Stress Disorder. The impact of this illness can be life changing, and it requires long-term treatment. Like other injuries sustained in the service of a vessel, you may be able to use the Jones Act for PTSD compensation.
What qualifies as PTSD and what are the rights of maritime workers for compensation under the Jones Act?
What Is PTSD?
PTSD is a disorder that is caused by experiencing or witnessing a traumatic event, which causes symptoms of a damaged fight or flight response. People with this illness experience flashbacks, night terrors, and all the physical symptoms of remaining in a state of fear, even when they are no longer in danger. Studies show that 7-8% of people will experience PTSD at some point in their life.
Those suffering from PTSD then develop avoidance behaviors in an effort to prevent panic attacks and vivid flashbacks, causing them to retreat from aspects of life they previously enjoyed. They may be emotionally over-reactive, responding with anger to everyday stresses. Obviously, PTSD is a very debilitating illness that makes it difficult to perform the essential tasks of daily life, work, and relationships.1
How PTSD Affects Maritime Workers
Working at sea on a ship or platform is a dangerous occupation, and maritime workers run a higher risk of witnessing or being involved in severe injuries or death at sea. PTSD may develop from experiencing these kinds of accidents:
- Collisions with other ships or shorelines
- Sinking vessels or other emergencies
- Falling overboard or witnessing a drowning
- Explosions and fires on a ship or platform
- Amputations or crush injuries
- Physical assault or battery by a crewmate or passenger
- Mechanical equipment accidents
Requirements to File a PTSD Lawsuit Against Your Employer
What qualifies as PTSD under the Jones Act? In order to prove and receive a PTSD lawsuit settlement, you will need a psychiatrist or psychologist diagnosis of the condition, supported by a combination of serious symptoms like these which last at least one month or more:1
- Recurring chronic thoughts of the event or flashbacks
- Insomnia, night sweats, nightmares, or other sleep disturbances
- Generalized anxiety disorder with recurrent panic attacks
- Chronic irrational fears and hypervigilance
- Violent or emotional outbursts
- Severe depression and avoidance of triggering situations
- Disruption of daily living and/or inability to hold a job
When your Maritime PTSD has been diagnosed and documented, you may be eligible for Maintenance and Cure, which will help with medical and living expenses until you can return to work. To be covered under the Jones Act for PTSD to receive additional compensation and long-term disability, you would also need to prove that negligence contributed to the event that caused your illness.
What Treatments Are Available for PTSD?
Treatment for PTSD will involve psychotherapy and may include mediation. Techniques which your therapist may use include exposure therapy, cognitive restructuring, and other evidence-based treatments to improve your symptoms. While there is no quick and easy cure for PTSD, these treatments can dramatically improve your quality of life and may allow you to recover fully.
Even with excellent treatment, in some cases PTSD creates a long-term disability, and an injured maritime worker may need years of therapy and still face serious obstacles in daily life. Seeking professional medical help and sound legal advice as soon as possible will help with healing and protect your right to sue your employer for PTSD if appropriate.
Protecting the Rights of Maritime Workers with PTSD
PTSD is a recognized disability under the Americans with Disabilities Act and, as such, qualifies as a serious maritime injury if it is caused by your work on a vessel. The Jones Act protects maritime workers who were injured in service of a vessel when negligence is a factor. Examples of negligence that might have caused your injury include:
- Improperly maintained mechanical equipment
- Lack of safety gear, equipment, and procedures in place
- Insufficient or poorly trained crew members
- Operating an unseaworthy vessel or one not suited to its purpose
You may be eligible for full and fair compensation for this life-changing injury, including lost wages, pain and suffering, loss of earning potential, and other damages. Speaking with an experienced Jones Act attorney will help you navigate this process and determine if you have a case for a PTSD lawsuit or settlement. Our team at Maintenance and Cure can help with a free consultation about your injuries.
We recognize that a person suffering from PTSD has unique challenges to face in the legal process. We have helped thousands of maritime workers receive the compensation they need and deserve under maritime law. You can trust us to listen with compassion and take on the stresses of protecting your rights throughout the process. Contact us today to discuss your case and let us help you face these challenges.
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