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Beware - Maritime Employers Place Injured Workers Under Surveillance

Maritime employers and/or marine insurers often hire private investigators to obtain videotape surveillance of their injured employees.  This footage begins almost immediately after the work-related injury occurs on the vessel in navigation.  This is because maritime injury claims are strenuously defended by maritime companies and those who insure offshore work. It is common for tens of thousands of dollars to be spent on private investigators for an injured Jones Act seaman.  This is done in an effort to damage or ruin the seaman's claim.  An injured offshore worker should always assume efforts will be made to obtain videotape of his activities during the pendency of his claims.

Reasons For Surveillance:
1.  To defend themselves in a future cause of action by showing you are not truly injured, and/or to disprove the employee's degree of injury
2.  To determine if the employee is being honest with the employer and with regard to his level of activities

Why Surveillance Can Hurt Your Case:
1.  If the injured employee is shown performing heavy activity or strenuous work, this will hurt or possibly ruin his claim. If you represent to your employer or their insurance compnay and your physicians that you cannot perform certain activities, yet videotape surveillance shows you can and do perform them, you are misrepresenting the type and extent of your injuries.
2.  If you deny having participated in certain activities when video shows you participated, your entire character can be called into question before the judge or jury.
3.  If the video shows the injured employee performing regular activities of daily life, this will significantly diminish the showing of any kind of impact the injury has had on the employee.

Tips:
1.  It is always best for an injured employee to fully admit any and all activities of which they are capable, strenuous or not.
2.  Do not inappropriately apply for unemployment, work against medical advice or engage in activities that may be seen as inconsistent with a claimed medical disability.

Talk to a Maritime Injury Lawyer

Some shipowners discourage employees injured on the job from obtaining information about their legal rights. They ask workers to sign waivers or written statements to minimize their claims. They get workers to file claims under workers' compensation laws or under LHWCA instead of under the Jones Act.  

Our staff of competent maritime lawyers will communicate with your employer and insurance companies, getting your medical bills paid and making sure you receive the full cash settlement you deserve.