Company Doctors

Unfortunately, “company doctors” do exist. They do not advertise that they work for the company and will often deny and take offense to such an accusation. However, they know their role. The role of the company doctor is to say that you can return to work with little or no restrictions in order to cut off the liability of the company with regard to maintenance and cure and to limit any exposure on the issues of future medical needs, pain and suffering, lost wages, and loss of earning capacity. All of these recoveries are directly tied to the doctor’s assessment of your condition. Although it is possible to offset the harm created by treating with a company doctor, you are forced into a more difficult position in trying to prove your injury and develop your case. Hiring an attorney at the onset of your claim and treatment will assure that your right to choose your own medical providers is protected. You cannot rely on the company to inform you of your rights, because company’s focus is to protect its owners, shareholders and its bottom line, not to protect you.

It is not uncommon for company representatives or insurance company adjusters threaten termination of benefits for an injured seaman or longshoreman if he does not see their doctor. There are a few instances, in which an injured worker is required to see the company’s doctor, but this is only for the purpose of evaluation, not for treatment seeking and it is important to know when you must go and when you can object. An experienced maritime attorney will know the duties with regard to allowing the company and/or insurance company access to medical information and submitting to certain medical examinations by company selected doctors.

Don’t wait until the company doctor releases you to return to work in spite of your herniated discs. Don’t wait until the company claims you are at Maximum Medical Improvement (MMI) and they do not owe you any more maintenance because the company doctor says you can return to work. Don’t think this won’t happen to you. You should not try to handle your case alone, nor should you think that you don’t need an attorney until a problem arises. This manner of thinking will inevitably create problems down the road.

Case Example:

A maritime worker was injured when the straps to a crane were incorrectly secured to a container being lifted onto a platform. He falls some distance and lands on the deck of the platform. The traumatic force of the landing jarred his back and neck. He tried to continue working but soon realized he could not finish his shift, much less his hitch. A helicopter was called to transport him ashore. A company representative meets him in port, expressing great concern for his condition. He is taken directly to an occupational medicine clinic. The worker assumes that an occupational clinic is where he should be, considering he was injured on the job, not realizing he was basically seeing a company doctor. The doctor examines him, orders a few diagnostics including MRI and X-rays. Following a review of the MRI, the doctor refers the worker to begin physical therapy with follow-up appointments scheduled. The doctor tells the worker his MRI is “basically unremarkable”. At each of the follow-up appointments, the worker tells the doctor that he is in a great deal of pain and asks if he should see a specialist, to which the doctor says no.

After four weeks of therapy and a single injection administered in the doctor’s office, the doctor informs the worker that nothing can be done to help his condition and the doctor explains that this places the worker at MMI. The doctor releases the employee to return to work, which he reluctantly does. The employee returns to work at the doctor and the company’s direction. He quickly realizes that he cannot perform his duties and requests to be returned to port. The employee decides to see his family doctor and takes his MRI reports with him. The family doctor promptly places him off work and refers him to a specialist for surgical consult. The worker informs his company of the situation and is told that he was released to work by the company doctor and is informed that he must return to the port at the start of his next hitch or he will be deemed terminated.

The worker then receives a call from the doctor’s office informing him that the insurance company is denying or “controverting” the claim. The insurance company basis the denial of benefits on the company doctor’s review of the MRI stating that it was “basically unremarkable” and the full duty release when the doctor placed the worker at MMI with only minimal restrictions.

At this point the worker decides to seek legal advice. Although it is not too late for an attorney to help him, it will take time for the attorney to undo the harm created by making the wrong decision to treat with the company doctor. This worker was a longshoreman. Once the proper forms were filed with the Department of Labor, an informal conference was requested and scheduled to take place five weeks later. In the interim, the worker would not receive weekly benefits, nor would his medical expenses be paid. So he was without money and without treatment. This situation would be remedied, but the process takes time. All of these problems could have been avoided if the worker had contacted a knowledgeable maritime attorney at the outset of his claim, rather than waiting until problems arose.

Call the lawyers and attorneys at the Ogletree Abbott Law Firm at 1-800-JonesAct before you go to a company doctor or as soon thereafter as possible. A Jones Act clam is similar to constructing a building. The most important part of any building is the foundation. If the foundation is laid incorrectly the building loses value. The foundation of your Jones Act claim is important too. Either you lay it or we do. We know what we are doing, do you? Call us at the beginning. We can also tear down foundations and re-build so call us as soon as you read this regardless of how long it’s been since you were injured. Don’t wait more than three years because after that point you have lost your right to get a Jones Act settlement.

Let Us Help You

No matter where you live, the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a legal professional can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1-800-Jones-Act (1-800-566-3722). You may send us an email. Call today.