Yes and No. Most of the time, an employer will not specifically state that they are firing you because you are pursuing an injury claim. If they do, they are most likely in violation of state and federal laws.
Instead, if you are in an “at-will” state like Louisiana, the employer may terminate you for being unable to come back to work. Most of the time, an employer is not required to keep your job available to you.
However, in a Jones Act case, a seaman has the right to file suit against their employer to recover lost wages and future lost wages caused as a result of their injuries. Also, a Jones Act employer is required to pay for the injured workers’ maintenance (daily living expenses) and cure (all the medical expenses required to get the injured worker to maximum medical improvement).
Beware! We have seen many cases where an employer “took care” of an injured worker until the statute of limitations had passed for that worker to file a lawsuit. Once the time period passed, the employee was terminated and time-barred from protecting their rights.
We know that filing a Jones Act claim is a big decision. Let us help you make it. We offer free confidential consultations so that you can better understand your rights.
Have You Been Injured On Your Louisiana Maritime Job?
If you've been injured at your maritime job or at sea, you need to speak with an experienced Jones Act attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.