For commercial fishermen and other maritime workers, social media can seem like a harmless way to stay connected with friends and family, especially if they’re working far from home. However, if you are a maritime worker and you have recently suffered a work-related injury, it’s important to understand that what you post online could seriously impact your ability to recover compensation.
Insurance companies, employers and their attorneys often monitor social media accounts to find evidence that could be used to minimize or deny injury claims. Being cautious about what you share can help to protect your rights and strengthen your case.
What’s the big deal?
After a workplace injury at sea, it is common for injured maritime workers to file claims under the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), or other maritime laws. These claims provide compensation for medical expenses, lost wages and other damages. Insurance adjusters and legal teams often use social media to undermine these claims by:
- Misinterpreting photos or videos: A picture of you smiling at a family gathering or appearing physically active could be used to argue that your injuries are not as serious as claimed.
- Taking posts out of context: Even a simple statement like “I’m feeling better” could be twisted to suggest that you have fully recovered, even if you are still in pain or undergoing treatment.
- Using check-ins or locations against you: If you check in at a recreational venue or are tagged in an event, an insurance company may claim that you are engaging in activities inconsistent with your injuries.
- Looking for inconsistencies: If your online activity contradicts statements made in medical records or legal filings, it could weaken your case.
To protect your claim and avoid unnecessary complications, follow these guidelines, the safest approach is to avoid posting at all while your claim is ongoing. It can be a frustrating reality, but when the stakes of an injury situation are high, it’s better to be safe than sorry.