Recorded Statements & Depositions
Recorded statements and dispositions are a normal occurrence if you or a loved one suffers an injury under the Jones Act or other maritime laws. The only purpose for the recorded or written statement is to keep you from “changing your story” at a later time. There is only one meaning to this and that is that your employer does not trust you no matter what anyone says. If you suffer an on the job injury, whatever relationship, good or bad, with your employer suddenly becomes worse. You will immediately see a change to an “Us” versus “Him” situation. If you fail to recognize this fact you will be at an extreme disadvantage in both job security and protecting your Jones Act rights.
The recorded or written statement itself is bad enough but it is more important that you recognize their demand for a statement in the larger context. I have heard too many good men say that they intend to do the “right thing” and they expect their company to do likewise. First of all you cannot mentally transfer your intentions to your company. Second your company is not a person and the decisions that affect you and your claim probably won’t be made by anyone you will ever meet.
What’s wrong with just “telling your side of the story?” Just for starters, when you give your side of the story I hope you have perfect recall because if you ever change your story by one word the lawyers for your company will accuse you of lying. Lawyers can change molehills into mountains and black into white without hesitation. I have personally seen defense lawyers use one little irrelevant issue to prove that someone is lying and then pound the jurors over and over until they are convinced that you are a liar.
Even before the statement begins and when you first walk into the room you should expect them to say, “Hey Mike, how you doing?” If you are injured the wrong answer is “fine thank you.” Later on they will use this to show that you were not suffering any ill effects from your injury.
Have you ever noticed that sometimes the pain from an injury can get worse the next day or a few days later? Can you see how you would sound on day one saying, “the pain isn’t that bad” and then two weeks later saying “I can hardly move?” This happens all the time. Your employer's lawyers or the insurance company know all the tricks of the trade and it’s their job to reduce the amount of money that they have to legally pay to you. The biggest advantage they have is to take a recorded statement from you before you hire a lawyer.
What you Should Do is say NO when it comes to any kind of written, recorded, deposition or off the record statement. Tell them you do not know anything about this kind of situation and want to speak to a lawyer before doing or signing anything. They will probably threaten to fire you and chances are pretty good that they’re going to fire you anyway so why mess up a perfectly good Jones Act settlement that you are going to need when you are physically unable to do your job in the future. If your employer makes you feel like a criminal, interrogates you or wants you to give a recorded statement, wake up and smell the bacon!
Do not give a statement without speaking to a lawyer, no matter what your employer says to you! You say you’ve already given a statement? Then you need a good lawyer to get to work on your case pronto. Call me, Bill Ogletree; I’m the senior partner at the Ogletree Abbott Law Firm at 1-800-JonesAct. Never give up, at least until I tell you to give up. Call one of my partners or me and let us tell you how we can help you today with your claim and recorded statements and despositions.
Let Us Help You
No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1800JonesAct (1-800-566-3722), or send us an email. Call today and let us help you with any questions regarding Jones Act or Maritime injury claims.
|