Getting The Right Medical Treatment After a Maritime Injury May Become a Legal Issue
As an injured seaman, getting the proper medical treatment is crucial for your physical recovery and legal right to compensation. However, figuring out how to get medical care can be confusing. Your employer may not help you, but our experienced maritime injury lawyers are here to make sure you get the medical care you deserve.
Pick the Right Doctor for Your Medical Treatment
Under the Jones Act, maritime employers are required to provide medical treatment (known as "cure") for any seaman who becomes ill or injured on the job. This means your employer must cover the costs of any reasonable and necessary medical treatment related to your work injury.
However, many injured seamen are pressured by their employers to see a company doctor for treatment. While it may seem convenient, company doctors are paid by your employer. They may downplay the severity of your injuries or rush you back to work before you're fully healed.
You Have the Right to Choose Your Own Medical Provider
Under maritime law, you can select your own doctor for treatment. You are not required to see the company doctor, even if your employer pushes you to do so.
Seeing a doctor who is not affiliated with your employer ensures that you receive an unbiased assessment of your injuries and the treatment you need to reach maximum medical improvement.
Common Medical Tests After Maritime Accidents
The specific medical tests you need will depend on the nature and severity of your injuries. However, some common tests that may be recommended include:
- X-rays to check for broken bones
- MRIs or CT scans to look for brain injuries, spinal cord damage, internal injuries, and soft tissue damage
- Blood tests to determine if there is infection, inflammation, or other abnormalities
- Neurological tests to assess brain function
It's essential to be thorough in your initial medical assessment to ensure your injuries are properly documented. Some injuries, like concussions or internal organ damage, may not be immediately apparent. Failing to diagnose and treat these hidden injuries could lead to long-term health problems.
Unfortunately, some company doctors may try to avoid ordering expensive diagnostic tests to keep costs down for your employer. If you believe you need additional testing and the company doctor refuses, you have a few options:
- Get a second opinion. Remember, you have the right to select your own doctor. If the company doctor won't order the tests you need, schedule an appointment with another physician for an independent evaluation.
- Contact a maritime injury lawyer. An experienced attorney can communicate with your employer and advocate for your right to receive the medical treatment you need. We can also help you take legal action if necessary.
Get the Treatment You Need to Reach Maximum Medical Improvement
The type and duration of treatment you need will depend on factors like:
- The severity of your injuries
- Your body's natural healing process
- Any preexisting health conditions that may impact your recovery
- Your ability to adhere to your treatment plan and rehabilitation program
It's crucial that you advocate for yourself and don't allow your employer to cut corners on your medical care. Receiving inadequate treatment could lead to a longer recovery time, chronic pain, permanent physical limitations, and other complications.
The ultimate goal of your treatment should be to help you reach maximum medical improvement (MMI). This is the point at which your condition has stabilized, and further functional improvement is unlikely, even with additional medical intervention.
Get Trusted Legal Guidance from a Top-Rated NYC Maritime Injury Law Firm
If you're unsure what to do after a serious maritime accident, our maritime injury lawyers are here to help you. The dedicated legal team at Hofmann & Schweitzer has been fighting for the rights of injured seamen for more than 40 years. We have the knowledge, resources, and tenacity to stand up to even the biggest shipping companies and insurance carriers.
We proudly serve maritime clients nationwide. Here is what a few of them have said about working with us:
- “…. The smartest thing I did was to contact Paul Hofmann with the law firm Hofmann & Schweitzer. He and his wonderful staff helped me in getting the medical and psychological help that I needed to start the healing process. Through very intense negotiations with the insurance company, Paul was able to get me a very fair settlement. This money will help me to continue the healing process. I highly recommend Mr. Hofmann and his very dedicated and talented staff." You can read more of Chris B.’s review here.
- “….I had no idea what my rights were or if I was entitled to bring a lawsuit. I had no significant earnings as a deckhand. Paul Hofmann was very understanding and helped me throughout the process. He arranged transportation for me to doctor appointments and visits to the office. I was very happy with the results….” You can read more of Cynthia O.’s review here.
As experienced maritime injury attorneys, we can handle all of the legal heavy lifting so you can focus on your health and recovery.
