Reporting an injury can feel risky when your employer controls your assignments and pay. You may worry about losing your job or being labeled a problem crew member.
The Seaman’s Protection Act prohibits an employer from punishing a seaman for reporting a work-related injury or engaging in other protected activity. If your employer’s treatment changes after you speak up, take steps to preserve the facts and protect your rights.
What Counts as Maritime Employer Retaliation?
Retaliation means taking adverse action against a seaman because the seaman engaged in a protected activity. Under the Seaman’s Protection Act, those activities include notifying or attempting to notify the vessel owner or government about a work-related injury or illness. The law also protects certain reports of maritime safety violations and cooperation with safety investigations.
The reason for the employer’s action matters. A change in assignments after an injury does not, by itself, establish retaliation. The question is whether your report or other protected activity contributed to the employer’s decision.
Common Signs of Retaliation
Experiencing retaliation may be direct, or it may begin with smaller changes that make it harder to keep working. Watch for:
- Termination or threats to fire you
- Demotion or removal from your position
- Reduced hours or pay
- Undesirable assignments
- Harassment or intimidation
- Blacklisting or interference with future work
- Refusal to record or report your injury
- Denial of maintenance and cure after a qualifying injury or illness
A refusal to document your injury or pay benefits may also call for separate action. Read more about what to do when your employer fails to report an injury and what to do if your maritime employer won’t pay maintenance and cure.
What to Do Next: Steps to Protect Yourself
If you suspect retaliation, take these steps to protect your health, preserve evidence, and avoid missing a filing deadline:
- Document everything. Write down when you reported the injury, whom you told, what you said, and what changed afterward. Note dates, witnesses, and your employer’s explanations.
- Keep copies of relevant records. Save injury reports, schedules, pay records, medical paperwork, messages, and written notices about discipline or termination. Keep only records you are entitled to access.
- Report concerns in writing. Follow the applicable reporting process and keep a copy of your report. Note any refusal to record your injury.
- Get medical care. Tell the provider how the injury occurred and describe your symptoms accurately. Keep your treatment records and work restrictions.
- Review documents before signing. Do not sign a statement you know is inaccurate or a release you do not understand. Get a copy of anything you sign.
- Contact a maritime attorney quickly. Some retaliation complaints have a short filing deadline. Ask which deadlines apply to your situation.
Know Your Legal Protections as a Seaman
If your employer’s negligence caused your injury, the Jones Act may allow you to sue for damages. A Jones Act injury lawsuit generally must be filed within three years.
Maritime law may also entitle you to maintenance and cure after an injury or illness in the service of a vessel. These benefits help cover basic living expenses and medical care during recovery. They do not require you to prove employer negligence.
If your employer punished you for reporting a work-related injury or illness, the Seaman’s Protection Act may protect you. To pursue a workplace retaliation complaint under that law, you generally must file with OSHA within 180 days of the retaliatory action.
How a Maritime Attorney Can Help
An attorney can examine the timing of your injury report and the action your employer took afterward. They can gather schedules, messages, personnel records, and witness accounts to assess the employer’s explanation. If the facts support a claim, they can pursue remedies such as lost wages or reinstatement.
Protect Your Job and Your Right to Make a Claim
If your employer cut your hours, threatened your job, or denied benefits after you reported an injury, Schechter, Shaffer & Harris can help you respond. We have represented injured maritime workers for decades. Our experienced maritime attorneys will review what happened and assess the evidence that supports your claim.
Contact us for a free consultation before evidence is lost or a retaliation deadline passes. We’ll explain your options for addressing the retaliation and pursuing your maritime injury claim.
Frequently Asked Questions
Is it illegal for a maritime employer to fire me for reporting an injury?
The Seaman’s Protection Act prohibits covered parties from firing or otherwise discriminating against a seaman for notifying or attempting to notify the vessel owner or government about a work-related injury or illness. A termination after an injury is not automatically unlawful. The reason for the decision matters.
How do I prove my employer retaliated against me after a Jones Act claim?
Evidence may include your injury report, the date your employer learned of your claim, messages about it, and records showing how your assignments or pay changed. Your attorney can compare the employer’s explanation with the timeline and its treatment of other workers. The applicable legal claim depends on the facts.
What evidence should I collect if I suspect employer retaliation?
Keep copies of records you can lawfully access, including schedules, pay stubs, performance reviews, injury reports, medical restrictions, and messages from supervisors. Write down conversations soon after they happen and identify potential witnesses. Preserve the originals where possible.
Can I get my job back after being terminated for filing an injury claim?
Reinstatement may be available if a successful Seaman’s Protection Act complaint establishes unlawful retaliation. It is not automatic, and an injury claim alone does not guarantee that an employer must hold your position open. An attorney can assess the remedies available in your situation.
How long do I have to take action against a retaliating maritime employer?
A Seaman’s Protection Act retaliation complaint generally must be filed with OSHA within 180 days of the alleged violation. A Jones Act injury lawsuit generally has a three-year time limit, but that longer period does not extend the OSHA deadline. Speak with an attorney promptly so you do not miss a deadline that applies to your case.
