If you have been injured at work and you work within the maritime industry, you may be entitled to financial support and other benefits. But many times, despite being entitled to said benefits, injured maritime workers will refrain from filing a claim because of the fear of retaliation and being blacklisted.
Below, we go into further detail about what it means to be blacklisted and retaliated against and what your legal options are if it happens to you.
Concerns over Employer Retaliation
Maritime workers are unable to obtain workers compensation benefits when they suffer an on-the-job injury. But this is due, in part, to the fact that they are protected under federally regulated laws known as the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
These benefits are similar to workers compensation benefits in many regards. However, injured maritime employees often have concerns of what will happen after they’ve filed a claim. Unfortunately, as mentioned, many maritime workers who suffer serious injuries at work are afraid to file a claim for benefits due to the fear of being blacklisted and/or retaliated against for doing so.
While there is no official “blacklist” of the maritime industry floating around, it is quite possible that your employer will retaliate against you by attempting to ruin your professional reputation, which could then make it difficult for you to find a new job.
Other forms of retaliation could include being demoted, terminated, or subjected to a hostile work environment all because you exercised your right to maritime injury benefits.
Thankfully, behaviors of this sort will not be tolerated, as both the Jones Act and the LHWCA prohibit employers from blacklisting and retaliating against maritime workers who file a claim and/or are approved for benefits under their respective acts.
Pursuing Your Claim despite the Risks
Though being blacklisted and retaliated against for filing a maritime injury claim is against the law, this, unfortunately, does not stop companies from continuing to do so. However, if you were injured or fell ill due to the conditions of your work environment, you may be entitled to these benefits and should therefore still pursue your claim.
In the event that your employer retaliates against you and we are able to gather evidence supporting the claims of retaliation, we can pursue a claim against them that could result in back pay, compensation for defamation, reinstatement into your former position, or other damages.
Get in Touch with a New Orleans Maritime Injury Lawyer
If you are being retaliated against by your employer in some way or if you have concerns that you will be retaliated against for filing a Jones Act or Longshore and Harbor Workers’ Compensation Act claim, get help from an experienced New Orleans maritime lawyer at the Law Office of Braud & Gallagher.
You can fill out the brief contact form at the bottom of this page or give our office a call at 1-800-256-5674 when you are ready to come in for a complimentary consultation.