WHO DOES THIS REHAB NURSE REALLY WORK FOR ?

Many employers will even assign a "rehab nurse" to your case to go with you to your appointments and actually sit in on the doctor's examinations. You now have an advocate for your employer sitting in on your privileged communications with your doctor and, in most cases, leaving the room with the doctor for private conferences out of your presence. Think about that for a moment. We have evolved to a situation where the employer's advocate is given more private information and confidentiality regarding your medical care than you, the patient, are. (Who do you think will be at the top of your employer's witness list if your case goes to trial? Don't be surprised if your former best friend, the "rehab nurse," does not remember all your conversations with the doctor the same way you do.)

One suggestion is to first, do not let anyone attend your appointments with you except members of your own family. Politely suggest to your doctor and to the employer's rehab nurse that you would like to maintain your privacy and you would appreciate being allowed to maintain the doctor/patient privilege. They may be persistent, but you can too. Second, you are entitled to see a doctor of your choice. Talk to friends, family, or your long-time family physician and get a referral to a specialist. Do not sign any blanket waivers of the doctor/patient privilege and let your doctor know that you would rather that he not talk to anyone but you about your care. The employer is entitled to know what the doctor finds and plans, but this should be done in writing, either in the form of letters or office notes. You should receive copies of all communications between the doctors and your employer. Third, if you are not satisfied with the advice you are getting from a doctor, get a second opinion. Medicine is an art, and two doctors can see the same situation differently. Most employers will welcome a second opinion and, if they don't, you should reconsider whether their goals are the same as yours.

JONES ACT EMPLOYEES RIGHT TO MAINTENANCE

Most employers will pay you the "maintenance" plus some additional money which they will consider an "advance" against what they might owe you in the future (if you happen to hire a lawyer and sue them). Most employers will have you sign a document which acknowledges that the advance portion of the payment is just that, an advance, and they are entitled to get that part back if you go back to work or if they settle with you.

If you hire an attorney and file suit, you still are entitled to receive maintenance. Most employers will stop any advances at that point. Some employers will even cut off your maintenance, but they should not do so. If the employer wrongfully cuts off the maintenance, your only remedy is to sue them and try to recover attorneys' fees. If you incur hardships because the employer cuts off maintenance, you can sometimes recover for those hardships also.

COMPANY TELLS YOU THEY ARE GOING TO SETTLE WITH YOU

Often the company or the adjuster will call you and tell you that they want to sit down and talk to you and work out a settlement with you. Many times they will have you come to the home office to discuss a settlement. It is during this meeting they will make you seem like family and how they are here to help take care of you. They will also discuss getting you back out on the boat as soon as possible. It is now they will start off asking, the employee (seaman), how much money he wants to settle this injury claim. The employee then names a figure which often is very reasonable, and immediately his boss says...." come on get reasonable... you know we can't pay that kind of money to you... now tell us what is your bottom line you got to have ?.."  In order to try and please the employer and not get on their badside, often the employee will name a figure 1/10 to 1/4 of what the case is really worth and in a matter of 5 minutes of heavy handed, one-sided negotiating, the employer has saved potentially Hundreds of thousands of dollars.

This is one very important reason you shouldn't discuss a dollar amount with the other side until you have spoken with a lawyer. Make sure the attorney is experienced in the Jones Act and the maritime law and the value of a maritime injury case. This is not a car wreckcase and a car wreck lawyer may not know the "ins and outs" off the top of his/her head. You only have one chance, don't make a costly mistake that will effect you and your family for the rest of your life.