Really need advice on lawsuits - long winded - I apolog...

barbara27

Cathlete
Hello everyone,

I don't write much but this forum is so full of great/educated people that I feel like I can ask your opinion. A few months ago my husband was involved in an offshore explosion which killed 3 of his friends. It flew him back 20 feet into a guardrail which saved him from going overboard. He walked off with a few cuts and bruises and felt really sore, but for the most part was okay. Two months later his back starts hurting him, especially his neck. He's gotten an MRI recently which shows a few herniations and some bulging discs. His company is willing to pay for the doctor visits which seems nice right? He's scared to death to ever go offshore again and I don't blame him. All he asked for from this company is the same pay he was getting offshore but work in the shop on land that this company has. He has worked really hard to get this offshore job and when he was out there he didn't work near as hard as the on-land job - so you could say he had it made. At first this company told him they would do whatever they could to help him out and that they would pay him the same amount of money. Now that another month has gone by they refuse to pay him what they said they would pay him. He's also working 7 days a week busting his butt 12 hours a day. He's the only one not suing this company, and that's where the big question comes in. He's totally getting screwed over, now has back problems, pretty much got demoted, and we are getting nothing from it. All in all he's making 2000.00 less a WEEK. We are not the suing type at all, we've always looked down on it, but now we really think we have no choice. I just wanted y'alls advice and how you would handle it. I guess he could always quit and go somewhere else, but isn't that like letting them get away with this? One more important point, it was the men in the offices' fault that this boat blew up. It was all about saving money. Any advice before it's too late to do anything??

Barbara
 
Go in for a consultation with an employmen attorney. You can check with your state bar for recommendations, or ask his coworkers.

When was the explosion? Usually you'll need to begin the suit within a year.
 
I would also contact a lawyer in your area that could give you the best legal advice. The important this is to protect your husband's interest. You may even want to speak to a couple of lawyers to get another opinion and then pick the one that you feel comfortable with.

When they offered him the same pay, he should of got it in writing. Remind him to get things in writing from this point on.

If he quits his job and went somewhere else, the back pain would still follow him and from what I hear back pain is not pleasant to live with.

Don't wait too long!!

Debbie
 
I'm not a lawyer, but my husband reviews cases like these.

Unless you've got something in writing that says the company agreed to the on-land job with the same pay, I'm not sure there's much you can push on that subject. In our experience, higher-ups love to promise this and that provided nothing is on paper.

In regards to the incident, you need to make sure you can tie his current injuries to the explosion itself. If you can, then you have some leverage against the company.

I understand what you mean about not wanting to sue ~ we're the same way. But if his health and pay have been affected negatively, and the company isn't doing much to compensate, then I think consulting an attorney might be necessary. You aren't being greedy ~ you just want to be treated fairly. And no, it's not too late.

Perhaps if you get an attorney and your medical records organized, the company will recognize you are serious and will go ahead and make amends with your husband, avoiding the mess of a lawsuit. Giving him his on-land job would certainly be easier and more cost effective.

Good luck, and I wish you and your husband well. So glad he's okay!
 
Too many people sue just for the sake of suing and getting something. That puts the negative spin on the idea of suing somebody. Then there are the attorneys who are snakes, pushing people to sue. It is a whole money game to many and why prices have gone up in so many areas for the services we need. However, the legal right to sue is in place for a reason. If your husband decided to sue his company, it would not be for greedy reasons. This is his livelihood, and he was injured while performing his duties. Find yourself a good, reputable attorney. I have seen companies make promises to keep from getting sued, then they find out that you aren't planning to sue and they suddenly feel safe and backpedal. Don't be taken advantage of. That is what it sounds like is happening. I was once in a wreck and had attorneys calling me, wanting me to sue. But, I wasn't hurt badly enough to do anything - nothing long term. Plenty people would have taken the opportunity. Not you, not me, but plenty of others. Your husband suing his company is nowhere near to that scenario. That is why companies have insurance and I'm sure for this industry, they have tons of insurance. He and your family should not have to suffer b/c the company is trying to protect their pockets instead of their employees. I am glad he is ok, though. I would think some psychological help would benefit too. Men aren't much on that, I know, but sounds horribly traumatic for him. Good luck. I question the company's moral and ethical stance, not yours.
 
RE: Really need advice on lawsuits - long winded - I ap...

Wow! Thanks for such fast responses. Everything you guys have said so far is what we pretty much feel also. They really haven't left us much choice. Amy, the accident happened on March 11 of this year. So it's a pretty recent incident. My husband was actually going to the CEO's office to get the "promised" plan in writing and that's how he found out they backed out of it. I'm definitely going to have my husband read these replies and maybe it will put him at ease to see what you guys have to say. Again, thank you so much!!

Barbara
 

Our Newsletter

Get awesome content delivered straight to your inbox.

Top