How soon should you go back to work after a serious maritime injury? If you’ve been injured at sea, you might be under considerable pressure to return to work sooner than you should. Financial concerns can drive some maritime workers to return before the long-term effects of their injuries are known.
Not only can going back to work after an injury too early make your injuries worse, but it can also prevent you from receiving the full amount of financial compensation you deserve. Before returning to maritime work because of financial hardships or accepting a quick settlement, make sure you understand your legal rights and options.
Are You Ready to Return to Work After Your Injury?
There are a number of factors to consider before you return to work after a serious maritime injury. The circumstances that caused your injury or illness on a ship or drilling platform will play a part in your decision.
Doctor’s Advice
You have the right to choose your own doctor and do not have to abide by the recommendations of the company doctor when determining if you are fit and able to return to your duties. Work closely with your own doctor and complete recommended treatments and therapy.
Your Job Duties
You should be physically recovered enough to engage in your normal job duties, which are usually very demanding in maritime work. Returning too soon can put you at risk for additional injuries or worsening your existing ones. Your employer might offer light duty or accommodations to reduce these physical demands.
Mental Recovery
There might also be psychological trauma associated with your accident. Mental health is equally important to your fitness for duty, and you should receive treatment for any psychological challenges such as PTSD, anxiety, or depression before you decide to return to work.
Financial Stress
You might feel an urgent need to return to work before you have recovered from your illness or injury at sea when your finances get tight or you are struggling to pay for living expenses and medical care. As a maritime worker, you are entitled to “maintenance and cure” benefits which should cover your medical care and basic living expenses while you recover.
Legal Options
Returning to work too soon after your accident can limit your legal rights, especially if you sign paperwork that limits your right to file a lawsuit if negligence was a factor, or if you sign off that you have reached “maximum medical improvement.” You may want to consult with a maritime injury attorney about your legal options before you return to work.
How Does Maritime Law Protect Injured Maritime Workers?
Under maritime law, those who qualify as “seamen” are entitled to protections under the Jones Act and the ancient law of Maintenance and Cure. If you work at least 30% of your time on a vessel or platform in navigable waters, you are probably considered a “seaman” under the law.
No matter how the accident happened or how you became ill while working in service to a vessel, you are entitled to maintenance and cure benefits. Your employer should pay your medical expenses and provide a stipend for your living expenses until you are fit to return to your duties or you have reached “maximum medical improvement.”
If the shipowner or your crewmates were even partly at fault in causing your accident, failing to maintain a seaworthy vessel, or a wide range of other ways they might have failed to provide a safe working environment, you may qualify for additional compensation under the Jones Act.
Some examples include:
- Pain and suffering
- Lost wages and lost of earning potential
- Ongoing medical expenses
- Temporary or permanent disability
Know Your Rights Before Going Back to Work After an Injury
Try not to let yourself be pressured into returning to work before you are fully healed. Your employer’s insurance company can be very pushy as they represent the shipowner and want to limit the amount you ultimately receive.
Having an experienced team of maritime injury attorneys to advocate for you can help you make this important decision when it is in your best interest. Contact us at Maintenance and Cure today for a free case evaluation that can protect your legal rights as you make these life-changing decisions.
