What To Do If You Are An Injured Worker That Is Laid Off From Your Shipyard Job
General Dynamics - NASSCO - is the largest shipyard on the West Coast
. The San Diego shipyard has recently announced major layoffs. It is reported a fourth of the NASSCO shipbuilding work force are facing layoffs. Over 1,000 NASSCO shipyard workers are expected to be laid-off. And another 500 subcontractor employees also face being laid-off. NASSCO is the largest shipyard on the west coast.What does this mean to NASSCO employees? NASSCO has traditionally been one of the most hazardous places to work in San Diego. Working at NASSCO is more hazardous than working a police beat in the toughest neighborhoods in San Diego. Working in the shipyard is dangerous. Very dangerous.
Putting aside the deaths and catastrophic injuries that can and do occur in shipyards, there are more "routine" injuries which also occur. Many of the injuries workers suffer are due to repetitive trauma or repetitive motions. From lifting, to welding, to ship fitting, to reaching to bending to stooping - - these type of injuries are disabling. Many workers "work through the pain" because they need to feed their families and can not afford to miss time from work.
If you or a family member has a "sore knee," "sore back," "sore elbow" or the like - - and you are facing lay-off; you need to take immediate steps in order to protect your rights. When you go to work somewhere else you may face a medical questionnaire and/or a physical examination. The last thing you should do is not be 100% truthful when filling out employment applications. If you have a back injury, you need to report you have a back injury.
This means, of course, you might not get another job if you get laid off. Worse, you may not get rehired at NASSCO if you are recalled and can't pass the physical due to a back problem, bad knee, carpel tunnel, etc. What to do?
The only solution is to file a Longshore Act and Harbor Workers Compensation Act claim. Here are some steps you should follow:
First, you need a seasoned Longshore and Harbor Workers Compensation Act Attorney. You don't need a State of California workers compensation attorney. You need a lawyer that specializes in the Longshore Act. There are only a handful of good Longshore Act attorneys in Southern California and fewer in San Diego.
Just because a lawyer says "California Longshore Act Attorney" on their web site doesn't make them the "real deal." Be sure to ask how many Longshore Act trials the law firm you chose to interview with has won.
Second, you should try and "report" the injury before you are actually laid off. It is always much better to report the injury while you are working. This is important for several reasons. It is not "fatal" to your claim if you don't report the injury before you are laid off; but it sure helps if you do report it.
It is better if you have spoken to a lawyer before you report the injury in order to make sure you report it correctly as a "cumulative trauma" or whatever actually happened to you. For example, if your pain started due to a specific event (say lifting a piece of steel); then you need to report that the pain started after the specific event. Either way, a seasoned shipyard lawyer can help you through the legal morass.
Third, you need to choose a doctor of your choice. DO NOT CHOOSE A KAISER DOCTOR AS YOUR FREE CHOICE PHYSICIAN. This is the voice of experience. Kaiser is not set up to properly evaluate and treat work injuries. We have seen disaster after disaster with clients treating at Kaiser for their work injuries. You are entitled to a free choice physician - don't waste it on Kaiser. If at all possible, you should not exercise your free choice of physician until you have consulted with a seasoned Longshore Act attorney. Fourth, care needs to be taken in how you characterize your injury when you see the doctor. Honesty is always the best policy. Be sure to describe "how" the injury is work related.
Fourth, once you are laid off, even if your employer denies your injury, you can collect State Disability if you are unable to compete on the open labor market due to your injuries.
If you are unable to perform your usual and customary employment, then you are ineligible for California Unemployment benefits. Do not apply for California Unemployment benefits. Simply stated, you have to certify under penalty of perjury that you are able to perform your usual work in order to qualify for California unemployment.
If your injury is denied, be sure to file a State of California claim in order to get into court much quicker in order to have your injury be determined work related and start receiving workers compensation - both State of California and Longshore Act - benefits. On the Longshore Act side, be sure to request a telephonic informal conference before the US Department of Labor in Long Beach, California.
Finally, if you are coming into to court asking for money, your credibility is always at issue. You must always tell the truth. Do not fudge, don't exaggerate or misstate your injuries or your claim.
Good luck.
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