Who Chooses the Treating Doctor in a Jones Act Injury Case?

In a Jones Act injury case, the injured seaman chooses the treating doctor. The employer may recommend a company doctor, but the seaman generally has the final say over who provides ongoing medical care.

This choice matters because the treating doctor shapes almost every part of a maritime injury claim. That doctor’s records affect how long benefits last, when you return to work, and how much your case may be worth.

Many injured workers only learn they have this right after speaking with a crew member injuries attorney, often after the employer has already sent them to a company clinic. Knowing who controls each medical decision protects your claim.

The Seaman Has the Right to Choose

Courts have long recognized that an injured seaman may select their own physician. This right comes from general maritime law and the duty of maintenance and cure, which requires employers to pay for medical treatment regardless of fault.

Under 46 U.S.C. § 30104, a seaman can also sue the employer for negligence. Because the treating doctor’s opinion becomes key evidence in that lawsuit, choosing a trusted physician protects the case.

What Role the Employer Plays

The employer cannot force a seaman to keep seeing a company doctor, but it still has a voice.

• Recommending a doctor: Employers often suggest a company clinic right after an injury.
• Paying for care: The employer pays for reasonable and necessary care.
• Requesting an exam: During litigation, the employer may ask for an independent medical exam.
• Questioning treatment: The employer may dispute care it considers unnecessary.

Visiting the company doctor once does not waive your right to switch to your own physician later.

Who Chooses During an Emergency at Sea

Medical choices work differently when an injury happens offshore or in a foreign port. In these situations, the vessel’s captain or the employer usually arranges the first treatment.

This may mean care from a ship’s medical officer or port doctor. Once the seaman returns home or reaches a place where care is available, the right to choose a personal physician applies.

How Jones Act Rules Differ from Other Maritime Workers

Dockworkers and harbour workers usually fall under a different federal law.

Under 33 U.S.C. § 907(b), workers covered by the Longshore and Harbor Workers’ Compensation Act also have the right to choose an attending physician. However, changing doctors under that law usually requires approval, while seamen generally have more flexibility.

Who Decides When Treatment Ends

The treating doctor plays the biggest role in deciding when a seaman reaches maximum medical improvement. At that point, cure payments usually stop.

When the seaman’s doctor and the company doctor disagree, courts settle the dispute. Judges usually resolve doubts about treatment in the seaman’s favour.

Keeping Control of Your Medical Care

These steps help make sure the choice of doctor stays in your hands.

1. Report the injury to a supervisor in writing promptly.
2. Tell the employer in writing which doctor you have chosen.
3. Keep copies of all medical records, bills, and work restrictions.
4. Attend any required independent exams, but continue seeing your own doctor.
5. Avoid signing medical releases before reviewing them carefully.

No employer can lawfully stop paying the cure simply because you chose your own physician.

Key Points

• The injured seaman generally chooses the treating doctor in a Jones Act case.
• Employers may recommend company doctors but cannot force continued care with them.
• The captain or employer usually arranges emergency treatment at sea.
• Employers may request an independent medical exam during litigation.
• The treating doctor’s opinion strongly affects when cure payments end.
• Courts resolve medical disputes and usually favour the seaman when doubts exist.