You're still experiencing significant pain and limited mobility from your offshore injury, yet your maritime employer keeps pushing you to return to work before you feel ready. The constant phone calls and messages are causing additional stress during an already difficult recovery period. As an injured seaman, you have important legal rights under the Jones Act that protect you during your medical treatment and rehabilitation.
At Terry & Thweatt, our Houston maritime injury lawyers understand the challenges injured offshore workers face when employers prioritize their business interests over employee health and safety. We help workers like you resist improper pressure and ensure you can focus on achieving maximum medical improvement before returning to duty.
Understanding Your Rights Under the Jones Act
The Jones Act provides crucial protections for maritime workers, including the right to receive maintenance and cure benefits until you reach maximum medical improvement. These benefits cover your basic living expenses and medical care during recovery.
The federal law recognizes that returning to work too soon can worsen injuries and create additional health risks. Only your treating physician should determine when you are medically fit to resume your duties. This includes evaluating whether you can safely perform all essential job functions without the risk of re-injury.
Common Pressure Tactics Maritime Employers Use
Maritime employers may pressure injured workers into returning prematurely. They may suggest your job may not be available if you don't return quickly or offer "light duty" work that still exceeds your medical restrictions. Employers may imply that coworkers are being burdened by your absence or question your loyalty and work ethic.
Tactics like disputing your medical treatment or making frequent calls to check on your return date constitute a form of harassment and may violate your legal rights under the Jones Act. Your employer cannot legally fire you or take other adverse actions simply because you filed a Jones Act claim and are exercising your right to proper medical care.
Document All Communications About Returning to Work
When your employer pressures you to return to work prematurely, take care to maintain detailed records of all your interactions with them:
- Get any return-to-work proposals in writing, including specific job duties and accommodations being offered
- Keep copies of emails, texts, or letters discussing your return to work
- Take notes about in-person conversations, including dates, participants, and what was said
- Save voicemails or other communications applying pressure
- Record how often your employer contacts you about returning to work
- Document any implied threats or hostile comments
Obtain Clear Medical Documentation
Your doctor's professional medical opinion is critical for protecting your rights. As you continue with follow-up and treatment appointments, remember to:
- Share any return-to-work proposals with your treating physician
- Request detailed documentation explaining why you are not yet medically cleared to return
- Ask your doctor to specify what limitations and restrictions apply during your recovery
- Obtain written confirmation of your next evaluation date and estimated recovery timeline
- Get documentation of any setbacks caused by employer pressure
- Have your doctor outline potential risks of returning too soon
Respond Professionally to Employer Pressure
When communicating with your employer about your return-to-work status, remain calm and professional in all interactions. Confirm in writing that you are following your doctor's orders and express appreciation for their interest in your return while emphasizing the need to achieve proper healing.
Document if the pressure is causing additional stress affecting your recovery. Refer all medical questions to your treating physician and copy your Houston maritime injury attorney on important communications. A solid paper trail serves as vital evidence in support of your offshore injury claim.
Understand Your Jones Act Maintenance and Cure Rights
Under maritime law, you are entitled to maintenance and cure benefits until you reach maximum medical improvement. This means:
- Your employer must pay daily living expenses during recovery
- All reasonable medical treatment must be covered
- Benefits continue until your doctor declares you fully healed or as healed as you will get
- You cannot be forced to use a company doctor
- Your right to benefits exists regardless of fault
- Any attempt to interfere with these rights may be illegal
Get Help From an Experienced Maritime Attorney
If you're facing undue pressure to return to work before you're ready, contact our Houston maritime lawyers right away. We'll protect your rights and help ensure you can focus on achieving maximum medical improvement without harassment or retaliation.
With decades of experience handling Jones Act injury claims, we know how to stand up to employers who try to rush injured workers back to duty prematurely.
Our legal team will start by reviewing your case during a free consultation where we'll explain your rights under maritime law. From there, we take on all communications with your employer, carefully documenting any retaliatory actions that may occur. Throughout your case, we'll fight for your right to proper medical care and ensure you receive full maintenance and cure benefits.