subject: Jones Act Attorney Straight Talk: Dealing With Your Doctor [print this page] If you are a seriously injured Jones Act Seaman ,nothing is more important than your health. We recommend the number one critieria for your choice of doctor is getting the best doctor you can find. Meaning, a doctor that is going to get you as well as possible. Hopefully, back to work. If that is not possible, the best recovery possible.
If you are an injured Jones Act Seaman you get one choice of a physician. You need to use it wisely. This article, by a Jones Act Lawyer, aims to help you deal with your doctor. We give you Jones Act Attorney straight talk.
What Can Happen If I Treat With The Company Doctor?
Many times the vessel's insurance adjuster will suggest you treat with a particular doctor. Other times, they may give you a list of doctors to choose from. Trouble is, you won't know if the doctor is going to be your advocate or the insurance company's advocate.
You need a doctor that is a patient advocate. Meaning, they believe your complaints and they your injuries were caused by the your work. Not to suggest that your want a doctor that is going to blindly believe every patient and has no objectivity. This type of doctor can be just as fatal as treating with the company doctor.
When you get down to it, all you need and should seek is a doctor that is going to call it the way they see it. And sometimes these doctors may give opinions that are not particularly helpful to a Seaman's case. Fact is, with the company doctor - 95% or more of the injured Seaman they examine and treat are, "Fine back to work." Or, if they are undeniably seriously injured, they will opine your injuries and/or medical condition was not caused by your employment working for the vessel. You want and need a doctor that is not going to lean toward the insurance company before they even examine you. A straight-up physician.
Always Reveal Prior Injuries & Claims
Always reveal prior injuries and claims. Many times, the insurance company will know more about your medical history than you will. Denying prior injuries or claims can be very damaging to your case. Always reveal prior injuries and/or claims that you remember.
Nevers & Evers
"Have you ever had a back injury before your ship injury last year?" "Have you ever seen a doctor for your shoulder before this incident?" "Are you saying you have never injured your knees before the fall on the vessel?"
I call these "Nevers and Evers." You need to avoid them like the plague. Seriously. Chances are you will forget an old work injury or sports injury or whatever. If you do however, the insurance company's lawyer will make you sound like the biggest liar to ever walk into court and ask for money. Depend on it.
Instead, "Not that I recall." Or, "I don't remember any injuries to my back." If you aren't sure, say, "I am not sure."
Admit to prior ordinary aches and pains. You may have had a sore back from heavy work. If so, tell them that. "Sure, my back has hurt from time to time. I take a few Advil and answer the bell on my next watch."
Don't Fudge or Exaggerate
Never try and act or say that you are more injured than your really are. Your doctor will see through this and then they will either turn against you or they will stop giving you the benefit of the doubt. Just be straight up and let the chips fall where they may.
Explain Your Job
Most doctors know nothing of shipboard work or life. You need to explain to your doctor the physical requirements of your job, the steep ladders, the rocking, rolling and pitching of the vessel, etc. The last thing you want to be is a danger to yourself and others.
Disclaimer
This article is not legal advice. I am simplistic in order to achieve clarity. If you are a seriously injured Jones Act Seaman, you need to hire an experienced Jones Act Attorney. Whenever you bring a court case, your credibility is always at issue. Always tell the truth.
