While it is possible you have a Jones Act Seaman claim, depending on the type rig you were on, for purposes of this answer, I am going to assume you were on a fixed rig. Presuming such, you have a scheduled injury claim under the Longshore and Harborworker's Compensation Act. You have one year from the date of injury or last payment of compensation to file a claim with the Department of Labor (DOL). One problem with not filing this under comp is that your medical insurance has a specific provision that excepts work related injuries. If they find out your injury is work related, they can back out all the payments and you will be stuck owing the medical providers. Medical benefits under the Act are the responsibility of the Employer, and not you, and they are open for life. Medical benefits under your medical insurance policy are not covered. Additionally, if you get accident and sickness benefits you will have to pay income taxes on them. Comp benefits are not taxable. They will owe you for any temporary and permanent disability you may have. Unfortunately, you are stuck on the comp train. It is not in your best interest to listen to your supervisor. You need to make a comp claim with the DOL and encourage your employer to report the claim to the DOL and its carrier. While it is not absolutely necessary you get a lawyer, it never hurts to run it by one. Be sure to get a lawyer familiar with the Longshore and Harborworker's Compensation Act.
Answered on Feb 06th, 2013 at 1:11 PM