My MRI shows pre-existing disc degeneration. Does that hurt my case?
No. The Jones Act protects workers whose pre-existing conditions are aggravated or accelerated by employer negligence. The employer takes you as they find you — if your back was already vulnerable and their negligence caused a herniation or rupture that would not have occurred without the incident, they are liable for the full extent of your injury. Company lawyers will try to attribute your entire condition to pre-existing degeneration. An experienced maritime attorney knows how to counter this argument with independent medical expert testimony.
The company doctor says I can return to work. Do I have to?
No. You have a legal right to an independent medical opinion. A company doctor’s MMI determination does not end your maintenance and cure entitlement if your own physician believes you have not reached maximum improvement. You also have the right to dispute a return-to-work clearance you believe is premature. Returning to work before you are medically ready and re-injuring yourself can seriously complicate your case. Get independent medical advice before making that decision.
I had back surgery and it didn’t help. Can I still pursue a claim?
Yes. An unsuccessful surgery may actually support a higher damages award, as it demonstrates the severity of your injury and the limitations of available treatment. George represented a client whose back surgery left him in worse condition than before. His employer bore responsibility not just for the original injury but for the foreseeable consequences of the required treatment.
How much is my maritime back injury case worth?
It depends on the severity of your injury, your age, your pre-injury earnings, the extent of your future disability, and the strength of the evidence of employer negligence. A herniated disc that resolves after conservative treatment has very different value from a spinal cord injury causing permanent partial paralysis. The best way to understand what your case may be worth is a free consultation with George. He will evaluate the facts honestly and give you a realistic assessment.