Alabama’s lifeblood flows through its waterways. From the bustling international commerce at the Port of Mobile and extensive shipbuilding operations to the vital offshore energy sector in the Gulf of Mexico and the constant traffic on rivers like the Tennessee-Tombigbee, maritime work is foundational to our state’s economy. However, this demanding industry carries inherent risks, and injuries are an unfortunate reality for many dedicated maritime workers.

When an accident occurs, seeking fair compensation involves navigating the complex and often confusing waters of maritime law—a specialized legal area distinct from typical state-level personal injury or workers’ compensation systems.

Common Mistakes Related to Reporting and
Documentation

How you handle the immediate aftermath of an injury sets the stage for your entire claim. Errors in reporting and documentation are common yet highly detrimental.

Failure to Report Injuries Promptly

The Mistake: Waiting hours, days, or even weeks to formally report a work-related injury is one of the most damaging errors. Employers and their insurers often view delayed reporting with suspicion. They might argue:

• The injury didn’t actually happen at work.
• The injury wasn’t serious if you waited to report it.
• Something else occurred between the alleged incident and the report that caused the injury.

Why It Hurts: Delay compromises evidence (witness memories fade, conditions change), violates potential company policies, and can directly violate legal requirements. Under the LHWCA, for instance, failing to notify your employer within 30 days can jeopardize your right to benefits. While the Jones Act doesn’t have a strict 30-day notice rule for suing, prompt reporting is still crucial for establishing the work-relatedness of the injury and preserving your credibility.

Protective Action: Report any injury, even seemingly minor strains or pains that develop during your shift, to your supervisor or designated company representative immediately or as soon as physically possible. Fill out an official company accident report form thoroughly and truthfully. Describe precisely how the injury occurred, when, where, and list any witnesses. If you disagree with anything the company writes on the report, note your disagreement. Always request and keep a copy of the completed report for your personal records.

Inadequate Documentation

The Mistake: Failing to meticulously document every aspect of the incident and its aftermath weakens your ability to prove your claim. Relying solely on memory or the employer’s records is risky.

Why It Hurts: Insurers will scrutinize every detail. Lack of documentation regarding the accident specifics, the hazardous condition, your immediate complaints, or subsequent medical care can create openings for them to dispute liability or the extent of your injuries.

Protective Action: Become your own best record-keeper. Document everything:

• The Accident: Write down a detailed narrative of what happened as soon as possible while it’s fresh in your mind. Note the date, time, exact location (vessel name, GPS coordinates if offshore, dock number, etc.), weather conditions, and specific task being performed.
• Evidence: Take clear photographs or videos (if safe and permitted) of the accident scene, the specific hazard or equipment involved (e.g., slippery deck, faulty winch, broken ladder), and visible injuries.
• Witnesses: Get the full names and contact information (phone number, personal email) of anyone who saw the accident or the hazardous condition, or anyone you reported the injury to. Don’t rely on the company to do this.
• Medical Treatment: Keep a log of all doctor visits, therapy sessions, medications prescribed, and medical procedures. Retain copies of all bills, receipts, appointment slips, and doctor’s notes or reports.
• Communications: Keep copies of all emails, letters, or notes related to your injury and claim, including correspondence with your employer and their insurer. Note dates and times of relevant phone calls and summarize what was discussed.
• Lost Time & Expenses: Track all days missed from work due to the injury. Keep receipts for any related out-of-pocket expenses, such as travel to medical appointments or prescription costs.

Medical Treatment and Related Errors

How you handle your medical care after a maritime injury is critically important, not just for your physical recovery but also for the legal health of your claim.

Delaying Medical Treatment

The Mistake: Putting off seeing a doctor after an injury, hoping it will resolve on its own, is a significant error.

Why It Hurts: Similar to delayed reporting, insurers interpret delayed treatment as a sign the injury wasn’t serious or perhaps wasn’t caused by the work incident. It creates a gap in the medical record that they can exploit. Furthermore, delaying treatment can worsen your physical condition and prolong your recovery.

Protective Action: Seek appropriate medical evaluation promptly after any maritime injury. Even if you initially decline medical attention at the scene, see a doctor as soon as possible afterward if you experience any pain or symptoms. This establishes a clear timeline linking the work incident to your medical condition.

Following “Company Doctor” Advice Without Second Opinion

The Mistake: Your employer might direct you to a specific clinic or doctor for initial treatment. While you may need to go there initially, relying solely on the “company doctor” for ongoing care or critical opinions without seeking an independent evaluation can be problematic.

Why It Hurts: Doctors frequently used by employers or insurers may have a perceived or actual bias. They might minimize the severity of your injury, prematurely declare you fit to return to duty (even light duty), or attribute your condition to pre-existing issues. Their primary loyalty might not be in your best interests.

Protective Action: Understand your right to choose your own treating physician, particularly under the Jones Act and General Maritime Law. While LHWCA has specific rules, you often gain the right to choose after initial treatment. Seek treatment from a doctor you trust, preferably one with experience treating maritime injuries but independent from your employer and their insurer. Getting a second opinion, especially regarding diagnosis, prognosis, work restrictions, or Maximum Medical Improvement (MMI), is often wise.

Failure to Follow Doctor’s Orders

The Mistake: Not adhering to your treating physician’s prescribed treatment plan, activity restrictions, or therapy schedule.

Why It Hurts: If you miss appointments, disregard advice about rest or work limitations, or fail to take prescribed medication, the insurance company will argue that you are either not as injured as you claim or that you are failing to “mitigate your damages” (take reasonable steps to recover). This can significantly reduce the compensation awarded for your injury.

Protective Action: Follow your doctor’s orders meticulously. Attend all scheduled appointments for treatment and physical therapy. If you have concerns about the treatment plan or face difficulties adhering to it (e.g., transportation issues, medication side effects), communicate these to your doctor immediately. Consistent adherence demonstrates you are serious about your recovery and validates the severity of your condition.

Alabama Maritime Injury? Don’t Navigate Alone – Contact Fuquay Law for the Legal Help You Need

Navigating the aftermath of a maritime injury in Alabama requires diligence, knowledge, and often, experienced legal guidance. If you have suffered a maritime injury while working in Alabama’s waters or ports, don’t navigate these challenging legal currents alone. The dedicated maritime injury attorneys at Fuquay Law Firm are here to help. We understand Alabama maritime law and are committed to protecting the rights of injured workers.

Contact us today for a free, confidential consultation to discuss your case and learn how we can assist you in avoiding mistakes and pursuing the maximum compensation you deserve.