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Home > Archive > Your right to an attorney

Marine casualties and your right to an attorney

by Christopher W. Dysart

Working as a mariner on the inland waterways is a dangerous way to make a living. In a single year, 1988, there were over 6,500 reported "marine casualties" involving commercial vessels in the United States. "Marine casualties" include any incident which results in death or serious injury, material loss of property or material damage affecting the seaworthiness or efficiency of the vessel.

The right to legal representation after a marine accident is an emotionally charged issue. The injured mariner, the Coast Guard, and the marine company all may have important, but opposing, interests at stake.

The right to have an attorney present during a Coast Guard marine casualty investigation has recently been the subject of heated debate. In an MSO Memphis Information Bulletin published April 12, 1999, CDR J.L. Hollowell, then MSO Memphis commander and captain of the port, stated that Coast Guard investigators are required to question witnesses to a marine casualty on-scene as part of their mandated "immediate investigation," that witnesses' claims of a constitutional right to silence are often unfounded and that a Coast Guard investigator may advise the witness of potential administrative consequences if he does not cooperate. In the April 12, 1999, statement, Hollowell also said that courts have held the right to be represented by a particular attorney does not apply if there is evidence that the attorney's presence would obstruct or impede the investigation.

This statement was later retracted and labeled as "clearly misguided and unfortunate" by Rear Admiral Paul J. Pluta, commander of the Eighth District. And CDR Robert R. O'Brien Jr., MSO Memphis commander since June 1, 1999, added "[we] did not mean to imply in any way that the presence of an attorney constitutes an impediment or obstruction during an investigation, or that it is not permitted. In fact, mariners have the right to be represented by an attorney if they choose to do so."

A mariner's right and desire for an attorney to represent him against his employer after a marine accident is a matter of constant concern. When a mariner suffers an injury, it may prove difficult to keep a clear head and closely examine his legal rights. The injured mariner or his family will inevitably suffer feelings of hurt, betrayal, and uncertainty. Even in the best of times, most persons are hesitant to see a lawyer and discuss legal issues. People don't like to rock the boat. They don't like to be combative or seek conflict. There is an especially strong aversion to suing one's employer.

After every accident, no matter how serious, always remember that the employer may have interests opposed to those of the injured mariner and his family. Because many thousands, hundreds of thousands or even millions of dollars may be at stake, the employer will have a strong economic incentive to hide the claim or fight it tooth-and-nail. Marine companies are interested in profits; their job is not to take care of their injured employees.

The employer will seek to minimize each and every accident claim. They will do this by denying liability and casting blame on the mariner whenever possible“this despite however many years of loyal service the mariner has given the company. Here are some recommendations to consider if you or someone you know is injured in a marine accident.

Do

1. Where required to do so by working rules, fill out injury and accident reports on prescribed company forms. If there are time limits within which to complete personal injury reports, scrupulously honor such rules. Do not be tardy. Failure to complete accident and personal injury reports within prescribed times may result in company investigation and discipline.
2. After the injury has occurred, tell your co-workers what happened and how you have been hurt. This will assist you in establishing the facts of your accident.
3. Have an attorney take the statements of your co-workers and any witnesses to the accident. Do this as soon as possible while the accident scene is "fresh." Also tell your spouse or significant other of your accident and your physical and emotional complaints.
4. See your physician as soon as possible. You have an absolute right to choose your own doctor for treatment purposes. Consult an attorney where unsure. Where possible, avoid going to the company doctor. The company doctor is likely to favor the employer. However, if you are required to be examined by the company doctor, avoid making unnecessary statements regarding your accident. If a member of a Hospital Association, you will be treated by staff physicians. If you have doubts regarding your ability to see your own doctor for treatment or examination purposes, talk to an attorney who can assist you.
5. When you see your physician, tell him or her all the relevant facts about the accident. Tell the doctor all that ails you. Don't hold anything back, and be sure to advise him or her that you have fully recovered from all injuries that occurred before the marine accident if this is the case.
6. Start a file containing your complaints, bills, expenses incurred as a result of the injury, lost work time and lost wages. Make sure to include all relevant information. It is imperative to keep all such records together. Well-kept records will prove enormously helpful in establishing the merits and damages of your claim.

Don't

1. Do not give or make any written or oral statement to a company investigator, claim agent or company attorney prior to speaking to your own attorney. The company attorney does not represent you; he or she represents the company. Where advances and wages continuation is an issue, company officials may pressure you to give or make a statement. Don't do it without first talking to your attorney.
2. If at all possible, do not speak to a Coast Guard investigator without consulting an attorney. Anything you say to the investigator may later be used in your personal injury case.
3. If possible, avoid treatment from the company doctor. Where possible it may be better to pay out of your own pocket to visit a neutral physician who will have your best interests at heart.
4. Do not sign any company documents before getting legal advice.
5. Do not sign medical authorizations or releases without first talking to an attorney. You will often be able to speak to an attorney without incurring any obligation to hire that attorney.

Christopher W. Dysart is a former Federal Prosecutor and founder of The Dysart Law Firm. The firm represents injury victims only. The firm has offices at 720 Olive Street, Suite 2250, St. Louis MO 63101, telephone 314-421-CASE or 314-421-2273.

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