Should You Give Recorded Statements Or File Accident Report In A Jones Act Claim
If you file a Jones Act claim, it doesn’t necessarily require
you produce a recorded statement or accident report. If you are
thinking about filing a Jones Act claim, it’s probably because you were
injured while employed on a ship.
Many folks, when dealing with this issue, have wondered what the best
way to go to deal with such issues like recorded statements and
accident reports. Before you do anything with your claim, the
best thing you can do for yourself is talk with a Gulf Coast maritime
lawyer to ensure your case is resolved successfully to your advantage.
Why You Should Avoid Any
Recorded Statements
Bear in mind that the law does not demand you get a recorded statement.
The Jones Act doesn’t demand any injured maritime employee to provide a
statement to file their claim or get compensation.
However, in saying that, some vessel owners and employers are more
concerned with their legal interests than their employees and will do
what they can to manipulate their injured workers into providing a
recorded statement about the accident right away. And, without much
thought, these workers will comply, believing they are only helping the
situation.
The truth about a recorded statement is that it can actually do more
harm than good if you file a Jones Act claim. You may unknowingly say
something that will dismiss the liability of the employer. You may be
unable to provide a clear, precise recorded statement because of:
- Medication
- Stress
- Shock
If your employer approaches you about a recorded statement, politely
reuse to do so and talk with an experienced Gulf Coast maritime lawyer
to help you move forward in the claim process.
Should You File Out An
Accident Report
According to the Jones Act, injured workers can still seek out
compensation for their suffering and lost wages without having to fill
out an accident report. Still though, there are some benefits to doing
so. Filing out an accident report is not like a recorded statement. In
a recorded statement, you give answers without really thinking about
it, which could damage your case. When you fill an accident report out,
you get to think about what you are going to say and answers are with
clarity.
It’s a benefit to you to fill on out. However, if you don’t, don’t
worry! You and your lawyer can work on a claim that proves your
employer is liable for the injuries you have suffered. He/she might be
able to use a number of resources that will assist you in your case
including the following:
- Testimonies of co-workers
- Medical records
- Surveillance videos
How To Protect Your Jones
Act Claim Conclusion
So, if you were out on the waters and suffered a serious injury while
at work, and you need a little help with your Jones Act claim, there
are four things you should do to make sure your claim and case goes
smoothly:
1 – Immediately let your employer know about the injury
2 – Get witnesses’ names and contact information
3 – Do not make statements that admits fault
4 – Do not sign any settlements, statements or documents without
talking to a maritime attorney first.