What to Expect After an Injury

After a worker reports an injury most companies want the injured worker to be examined by their doctor.  However, there are some employers who will not allow a worker to get immediate medical treatment for one reason or another.  If this happens the injured worker should call a maritime attorney.  A maritime attorney can take steps to force an employer to transport the injured worker to the doctor or hospital.

Expect your employer to want you to see a doctor of their choice.  Most employers want their workers to go to a doctor whom they can control or influence.  Some employers want a doctor who will perform minimal testing, such as an x-ray, hand out a few pills and send the worker back to duty.  Employers often believe (or hope) that the worker is exaggerating the injury and just want the worker back on the job.  However, sending an injured worker back to work prematurely is bad for the employer and the worker.  Sending a worker back to the job too soon can aggravate an injury and result in causing the worker unnecessary pain and lost time.

If an employer will not protect the worker then the worker must protect himself.  The first common sense rule in job injuries is for the worker not to make the injury worse and to put his health first, ahead of the employer's interest and ahead of everything.

Workers have the right under the Jones Act to choose their own doctor.  However, workers need to exercise caution in choosing a doctor unless the doctor is known to treat injured Jones Act workers.  It is always more wise to consult with a maritime attorney before choosing a doctor.  Choose an attorney who practices injury law and who has many years of experience in Jones Act practice.  Maritime attorneys have dealt with many doctors, usually all over the country.  A reputable maritime attorney should know which doctors favor employers, which doctors favor workers, which doctors are middle of the road and which doctors are malpractice prone.  When a worker chooses a doctor from the telephone book it's a shot in the dark.  It is always better to get a referral to a doctor from someone who knows the doctor's reputation.  A maritime attorney can provide several names of good doctors and then you can do your own checking around and make an informed decision.

Employers will probably ask workers to make a report, sign a statement, give a recorded statement or have a court reporter take a sworn statement.

Workers have no legal duty to sign anything.  However, workers should give the employer an oral report.  It is usually unwise to sign anything or allow anyone to take a sworn statement or record a statement.  Workers should consult with a maritime attorney prior to making these decisions.

Employers must pay for medical expenses and pay weekly maintenance checks while you are off work and not receiving a paycheck.  The amount of the weekly check is not an exact amount set by law and a maintenance check can be from as little as $15 per day up to full pay.  The first question you may have is, "How can I live on $15 per day?  Of course no one can live on that kind of money.  The solution is to call a maritime attorney and talk to them about how their law firm can help you with advances from your upcoming settlement.  This is allowed in most states and most maritime attorneys are willing and able to help their clients.