Victims Medical Rights

Your Medical Rights as an Injured Maritime Worker

Have you been injured seriously in a maritime accident?  Have you been asked to agree to and sign forms and documents that you do not completely understand?  Have you been asked to give a written statement as to the injury?  Have you been requested to go to the insurance company’s physician?  If you have, you may be confused as to what course of action to take and what your rights are under maritime law.  For help, you need an attorney that is experienced in maritime law and injuries to assist in plotting a course through the legal jungle of maritime medical care.  At Kirkendall Dwyer LLP, we have extensive experience in these types of cases assisting individuals through this complicated area of maritime law.

Maritime Worker’s Rights

Knowing your rights as an injured party involved in an offshore accident is the key strategy in assuring your recovery of medical expenses, loss of past and future wages, and the pain and suffering that you and your family have endured.  Financial restitution is directly tied to a doctor’s assessment of your injuries and current condition.  It is of the utmost importance that you ensure that your medical rights are protected.  You should understand that the most important strategy after you’ve been injured in an offshore accident is to know your rights.  Many of these rights center on your medical care.  Since your recovery of medical expenses, loss of past and future income, pain and suffering, and other financial restitution are directly tied to the doctor’s assessment of your condition, it is vital that you know and protect your medical rights, including the important ones listed below.

  • You Have The Right To Choose Your Own Doctor.

    This is probably the most important right and decision you can make. You can be put under enormous pressure from the insurance company or your employer to see the doctor of their choice. An experienced maritime attorney can guide you through the decision process necessary to protect your rights.

  • You have the right to refuse to sign statements or give a recorded statement as a condition for payment of medical expenses.

    Signing statements before they are reviewed by an attorney can lead to your agreeing to conditions that would not be beneficial to your recovery.

  • You have the right to medical benefits.

    The Jones Act guarantees medical treatment and benefits for maritime employees, regardless of who is fault for the accident.

  • You have the right to treatment for a pre-existing condition that has been aggravated by your accident.

    Some employers will try to withhold payment for treatment of pre-existing conditions. However, if it can be shown by a doctor that your condition was aggravated by your accident, the employer will be required to compensate you for your treatment.

Contact a Maritime Lawyer

The experienced team of maritime lawyers at Kirkendall Dwyer LLP can assist you in navigating the complexities of maritime law.  Through their knowledge of dealing with the company and the company’s insurers, they will determine the most appropriate and beneficial way to deal with your case, and you can be certain that you will receive the compensation that you deserve.