Jones Act Law - Using Your Jones Act Choice Of Physician: Never Treat With The Company Doctor

We oftentimes see Jones Act seaman have their case sunk by choosing to treat with the company doctor. This article, by a Jones Act Lawyer, aims to keep you from sinking your case before it barely starts.

Generally, after you are injured as a Jones Act Seaman, you are entitled to a choice of physician. Be very careful not to choose or agree to treat with a company doctor. Meaning a doctor chosen by your employer or the insurance company. Why? If the company doctor doesn't order needed tests and then releases you from treatment (read: declares you have reached maximum medical improvement), then you could be stuck. How are you going to prove you need more medical treatment if your doctor says you are fine to go back to work?

Many injured seaman think that they will treat with the company doctor for a little while and then they can change doctors if they are unhappy with the company doctor. What they don't realize is once the doctor releases you from care, then you are left with no medical evidence to rebut the company doctor after they wash you out. Meaning: "You are fine, back to work."

Oftentimes, your company representative or the insurance adjuster will try and sweet talk you into treating with their doctor. This is always a huge mistake. When the company doctor releases you to return to work, it is usually too late for you to do anything about it. At that point you have very limited options.

The better way to go is for you to choose a doctor that is a patient advocate from the beginning. You don't want a doctor that will say anything your lawyer wants them to say. You want a doctor that is going to "call it the way they see it." Meaning a doctor that is going to be truthful. You need a doctor that is going to treat you the same as if you didn't have a case. Trouble is, very few seaman know who these fair doctors are or how to find one. This is where a really good Jones Act Lawyer can help. A good Jones Act Lawyer will usually know or be able to learn about the reputations of the treating doctors you are considering.

Disclaimer

This article is not legal advice. Your case, situation and/or circumstances may differ from those being described in this article. If you are a seriously injured Jones Act seaman, you are urged to retain a seasoned Jones Act Lawyer. Finally, whenever you are bringing a court case, your credibility is always at issue. Never lie, exaggerate or fudge about your case or your injuries. If you get caught in a lie, you will lose your Jones Act case.