An offshore injury can turn a great day on the water into a difficult ordeal. You may feel pain and shock at the same time. Yet knowing the steps ahead brings comfort. Acting quickly protects you and your family. It sets you on the path to fair compensation.
The moment pain hits, seek medical care without delay. Even small aches can mask serious harm. A doctor can spot hidden injuries like concussions or internal bruising. Your well-being comes first. Medical records become your strongest proof later. Ask for copies of every test and note. Keep them safe.
Next, report the injury to your employer right away. Tell your captain or supervisor as soon as you can. Make it clear how and when the accident happened. A verbal notice is vital. Follow up with a written report when you can. This paper trail shows you met your duty.
While shoreside, gather evidence of the accident scene. Take photos of the work area, equipment, and hazards. Capture any poor lighting or wet surfaces. Note the date, time, and weather in a log. If coworkers saw the incident, ask for their names. Their witness statements matter.
Contact a maritime lawyer who knows offshore injury claims. Look for someone with Jones Act experience. A lawyer guides you through federal court procedures. They explain your rights and options. They handle paperwork and deadlines. This support reduces your stress. You stay focused on healing.
Under the Jones Act, you have rights beyond workers’ compensation. You can seek damages for negligence. Your employer must provide a safe workplace. If they failed, you can hold them liable. You only need to show they were careless. This lower standard helps you win.
Even before you file your main claim, you qualify for maintenance and cure. This benefit pays for your living expenses and medical care while you recover. It covers food and lodging too. Maintenance and cure continue until your doctor says you’ve reached maximum medical improvement. These payments help your family stay afloat.
Document every cost related to your injury. Save medical bills, therapy receipts, and travel costs. Include taxi fares to the clinic and parking fees. Keep all pharmacy receipts and equipment invoices. These amounts get added to your claim. They ensure you are made whole again.
Once you feel ready, your lawyer files a complaint in federal court. This lawsuit starts the legal process. It names your employer and vessel owner. It outlines your injuries and the compensation you seek. You attach all supporting records and evidence. This clear start frames your path to justice.
After filing, you enter the discovery phase. Both sides exchange documents and statements. You undergo a deposition under oath. This means answering questions on record. Your lawyer prepares you for every session. Honesty and clarity help your case. It avoids surprises later in court.
Most Jones Act claims settle before trial. Settlement talks start when both sides see the evidence. Your lawyer negotiates a fair figure based on your damages. If you agree, you sign a settlement and end the case. Settling brings closure and funds quickly. It spares you years of litigation.
If settlement stalls, your case may go to trial. A judge or jury hears the facts. You tell your story. Your witnesses speak. Your lawyer presents your evidence. This decisive step can yield a larger award. It demands more time and patience.
Throughout the process, keep communication open with your family. Let your husband know each development. Reassure your sons that you are getting the help you need. Their support gives you strength. You face this challenge together.
Filing an offshore injury claim takes focus and resolve. Each step builds your case. Medical care, reporting, evidence, and legal support all matter. Maintenance and cure keeps you afloat. Damages compensate your loss. Whether you settle or go to trial, you protect your family’s future. Knowing your rights under the Jones Act brings peace of mind on and off the water.
