Doctors and proper medical care
The most important right of the maritime worker is the right to obtain proper medical care and treatment. By law, no matter whose fault the accident occurred, a maritime worker is entitled to have the proper medical care by physicians of his choice, should the doctors provided by the company not be of his liking. By law, the expenses of such treatment are the responsibility of the maritime worker’s employer. As mentioned earlier, in addition to the expenses of the physician’s services or medical facility expenses, the company must reimburse the injured maritime worker for the cost of transportation and lodging to and from the physician or medical facility.
It is the duty of the company to investigate a claim for maintenance and cure in good faith and with reasonable diligence, and then to pay for said maintenance and cure to the seaman if the results of the investigation justify such payments. If, however, the company withholds payment arbitrarily or capriciously, or in callous disregard of the claim, then it shall be responsible for paying damages and attorney’s fees for the pursuing of such claim in court.
As a practical matter, in order to maximize the dollar figure on any settlement of your claim, documentation of the injuries is of extreme importance. Without proper documentation, proof of such claims at a later time will be difficult, if not impossible. Only the proper proof or evidence of such disabilities will be recognized in mediation, settlement conferences, or in court. Proper documentation can only be achieved with proper preparation.
From the outset of the injury, it is strongly advised that the injured maritime worker maintain a daily log or diary, including in such log one daily symptoms, improvements, disabilities, and mental impressions. These entries are important in preparing oneself for future doctor appointments and for summarizing the substance of the claim for the insurance adjuster or company attorney.
Additionally, and perhaps more importantly, these entries are important in communicating to your treating physician all the symptoms which you may suffer. Seemingly unimportant symptoms may strike a chord in the doctor’s mind to a very important underlying serious problem. Include in the medical log all findings of tests performed as well as dates and reviews of doctor’s appointments with all treating and consulting physicians.
You have a legal right to obtain test results and medical reports from any treating or consulting physician. It is very important to secure the possession of these documents.