If you’re a seaman in the San Francisco area and you file an injury claim under the Jones Act, be warned: Your employer’s insurance company will most likely go to war against you personally. This is why it is so important to secure an experience maritime attorney in San Francisco to fight for your rights. In order to help ensure the success of your claim, don’t make these common mistakes after you’re injured in a maritime accident.
Not Seeking Medical Attention
If you’re injured at sea and you decide to “tough it out” without seeking medical attention, your employer’s insurance company will seize on that claim you weren’t really hurt. Go to a doctor. Your maritime attorney from San Francisco will likely recommend that you see a third-party doctor who is not affiliated with your employer in any way. This is a crucial piece of evidence in establishing the date, circumstances and severity of your injury.
Not Taking Photographs
Snap some pictures of the accident scene if you are able to after your injury. This can be used by a maritime lawyer to establish fault during an accident. If you are unable to take pictures because of the severity of the injury, ask a friend on board to do it for you. Photos of an unsafe work environment can easily help to win your case.
Signing Things
Your employer’s attorneys will likely want you to sign something describing the time and nature of the accident. They may even pressure you to do this. Don’t do it without having a maritime attorney San Francisco review the document first. Companies often try to get injured seamen to sign “reports” in which they waive their right to seek damages, or in which it states that the injury was entirely your own fault.
Filing a Claim Too Late
The Jones Act allows you to file a claim for damages in a maritime injury up to two years from the date of the accident on a government vessel, and three years on a private-sector vessel. If you wait too long to file a claim, you may not be able to do so under the Statute of Limitations.
Filing a Claim Too Early
Any maritime attorney from San Francisco will tell you that injuries can be complex and can sometimes worsen as time goes by. Depending on the type of injury you have sustained, it might not be in your best interests to immediately file a claim. If a year goes by and your condition becomes much worse (but it’s still within the Statute of Limitations), you probably won’t succeed in trying to go back and file a new claim. Talk to an attorney as soon as possible after the accident — but understand that waiting before filing a claim might be in your best interests.
The best way to ensure that you are fairly compensated for an injury at sea or in the service of a vessel is to consult with a maritime attorney in San Francisco. They will take on your employer’s insurance company and fight for your rights in the courtroom.