Company Doctors, Health Insurance, and Your Right to Medical Care After a Maritime Injury

March 10, 2026

Categories:
Key takeaways
  • You are not required to use a company doctor as your treating physician after a maritime injury, though you should not refuse emergency treatment at the time of the accident.
  • Your employer is legally required to pay for your medical treatment under the cure component of maintenance and cure — you should not use your personal health insurance for a work-related maritime injury.
  • Using your own health insurance after a maritime injury can cost you money, create subrogation complications, and give your employer grounds to dispute their obligation to pay.
  • Company doctors are often under pressure to minimize your injuries, limit recommended treatment, and declare Maximum Medical Improvement as quickly as possible.
  • Your right to choose your own treating physician is one of the most important protections you have in a maintenance and cure claim — exercising it early can significantly affect your recovery and your case.

When a maritime worker is injured on the job, two things typically happen quickly. Their employer directs them to a company doctor. And their instinct — shaped by years of handling every other medical situation with their insurance card — is to reach for their health insurance to cover the bills.

Both of those responses can seriously damage your maintenance and cure claim.

Understanding your actual rights in the immediate aftermath of a maritime injury — who you are required to see, who pays for your treatment, and why your personal health insurance should stay in your wallet — is one of the most practically important things an injured seaman can know. This post covers all of it.

Can I Use My Health Insurance To Pay For Medical Treatment For A Maritime Injury?

Your Legal Rights to Medical Care After a Maritime Injury

Maritime accidents can result in serious, even fatal injuries. Injured workers often worry about a lack of resources to pay their medical expenses after a work accident, especially if they are unable to return to work because of the injuries.

It’s important to know that these medical bills should not be the worker’s problem to deal with — they should be the company’s problem. Any medical treatment for a maritime work injury should be paid for by your company or its insurance company directly. This is especially true if the accident resulted from an act of negligence on the part of a co-worker or employer.

Maritime workers who have been injured while working on or near the water have many rights and protection under maritime law. These include:

  • The right to a safe working environment. Maritime employers are required by law to provide their employees with a safe workplace free of hazards. When they fail to do so and an employee is injured as a result, the employer may be held liable for the employee’s injuries.
  • The right to medical treatment. Maritime workers are entitled to receive the necessary medical attention to treat their injuries. This treatment must be paid for by their employers.
  • The right to maintenance and cure. Jones Act seamen are entitled to receive maintenance and cure benefits from their employers, regardless of who was at fault for their injuries.
  • The right to compensation. The Jones Act and other maritime laws give qualified injured workers the right to seek compensation for their injuries in addition to maintenance and cure benefits. This can include compensation for ongoing medical expenses, lost wages, pain, suffering, etc.

Do You Have to See a Company Doctor After a Maritime Injury?

After a maritime injury, your employer will almost certainly direct you to a company-appointed physician. Understanding what you are and are not required to do in that situation is critical.

  • You are not required to make the company doctor your treating physician. You have the right under maritime law to choose your own doctor for ongoing treatment. Your employer cannot legally deny your maintenance and cure claim simply because you refused to make their physician your primary treating doctor.
  • You should not refuse emergency treatment. If a company doctor or company-arranged medical facility is the only immediate care available at the time of your injury — on a vessel, at a remote work site, or in an emergency room your employer directs you to — accept that treatment. Refusing emergency medical care can be used against you later in your case. The key is what happens next.
  • Follow up with your own physician as soon as possible. After any initial company-arranged treatment, you have the right to seek care from an independent physician of your choosing. Do this as quickly as you can. The sooner you establish care with your own doctor, the stronger your independent medical record becomes.

Why The Company Doctor Is A Problem For Your Claim

Company doctors are typically paid by or have an ongoing financial relationship with your employer or their insurance carrier. That relationship creates an inherent conflict of interest. In practice, company doctors frequently:

  • Underestimate the severity of your injuries based on limited examination
  • Recommend minimal treatment to reduce the employer’s cure obligations
  • Declare Maximum Medical Improvement earlier than your condition warrants
  • Dismiss or contradict the findings of specialists you see independently
  • Clear you to return to work before your injuries have genuinely healed

None of this means every company doctor acts in bad faith. But it does mean that relying solely on a company doctor’s assessment — without an independent physician in your corner — puts you at a significant disadvantage in a maintenance and cure dispute.

The company doctor’s MMI determination carries particular weight because it is frequently the basis on which employers terminate maintenance and cure benefits. If the only physician evaluating you is one with a financial relationship to your employer, that determination may not reflect your actual medical status. For a full explanation of how MMI works and what to do when a company doctor declares it prematurely, see How Long Do Maintenance and Cure Benefits Last Under the Jones Act?.

Can I Use Health Insurance For Treatment For A Maritime Injury?

Why You Shouldn’t Use Your Health Insurance to Pay For Treatment After a Maritime Injury

The instinct to use your health insurance after any injury is deeply ingrained. But for a maritime worker injured on the job, reaching for your insurance card is a mistake that can cost you significantly — in ways that are not immediately obvious.

Here is why.

  • Your employer is already required to pay. Under the cure component of maintenance and cure, your employer is legally obligated to pay for the reasonable and necessary medical treatment you need for your work-related injury. This is not a workers’ compensation system where you file a claim and hope for reimbursement — it is a direct legal duty. When you use your personal health insurance instead of pursuing cure, you are effectively paying for something your employer owes you.
  • Your health insurance policy may not cover work injuries. Many health insurance policies contain exclusions for injuries that occur in the course of employment. If your insurer discovers that your treatment relates to a work injury — which they will, particularly if litigation follows — they may deny the claims retroactively, leaving you responsible for bills you thought were covered.
  • Subrogation can reduce your ultimate recovery. This is the most financially significant reason not to use personal health insurance after a maritime injury, and it is the one most injured seamen don’t know about until it is too late. If your health insurer pays your medical bills and you later recover compensation through a maritime lawsuit or settlement, your insurer has the legal right — called subrogation — to recover from your settlement the amounts they paid on your behalf. That means money that should be yours goes back to your insurance company instead. By ensuring your employer pays cure directly, you preserve your full recovery.
  • Your employer may use it against you. If you file claims with your personal health insurance for a work injury, your employer may argue that your conduct demonstrates the injury was not work-related, or that you have waived certain rights by handling the medical bills through your own insurer. While these arguments do not always succeed, they create unnecessary complications in your case.
  • You may face higher premiums. Filing claims with your personal health insurer for significant injuries can affect your premium rates going forward, adding a long-term financial cost to an already difficult situation.

The bottom line is straightforward: any medical treatment for a maritime work injury should be billed directly to your employer’s insurance carrier, not to your personal health insurance. If your employer is refusing to pay cure or directing you to handle your own medical bills, contact a maritime attorney immediately.

Maintenance and Cure Benefits

For Jones Act seamen, maintenance and cure are benefits similar to state worker’s compensation benefits. “Maintenance” refers to a seaman’s living expenses (food, rent, utilities, etc.). “Cure” covers the injured worker’s medical expenses (doctor visits, hospitalization, medication, etc.).

Maintenance and cure is a no-fault system. This means an employer is required to pay benefits to an injured seaman regardless of who was at fault for their injuries. An employer is required to pay maintenance and cure until the injured worker achieves maximum medical improvement. Maximum medical improvement is the point at which an injured worker has recovered as much as possible and further medical treatment will not improve their condition.

It’s important to remember that maintenance and cure benefits are separate from compensation for lost wages, pain, suffering, or other damages that may be recovered from a maritime accident lawsuit. If the injury was caused by the negligence of the shipowner or the ship’s crew, you may be entitled to compensation for these damages under the Jones Act and other maritime laws.

If your employer has terminated your maintenance and cure benefits prematurely or is refusing to pay for treatment your physician recommends, see What to Do If Your Employer Ends Maintenance and Cure Too Soon for a full explanation of your legal options.

Get Our FREE Guide to Protect Your Claim

What you do after an accident is critical. Insurance companies will try to get you to make mistakes that can hurt your claim. Our free guide can help you avoid these traps.

Download our complimentary guide: “5 Costly Mistakes to Avoid After Any Maritime Accident” to arm yourself with the knowledge you need to protect your rights.

Download FREE Guide Now
5 costly mistakes narrow

What Should You Do Immediately After a Maritime Injury?

The decisions you make in the first hours and days after a maritime injury have a direct impact on the strength of your maintenance and cure claim. Here is what to prioritize.

  • Report the injury immediately and in writing. Notify your supervisor or the vessel’s captain as soon as possible and make sure the injury is recorded in the ship’s log. Follow up with written confirmation — a text, email, or formal incident report — so there is a documented record that the injury was reported promptly.
  • Accept emergency treatment but document your intent to seek independent care. If your employer arranges immediate medical treatment, accept it — refusing emergency care can be used against you. But as soon as you are able, communicate clearly that you intend to follow up with a physician of your own choosing.
  • Do not sign anything without legal advice. In the aftermath of an injury, employers and their insurers sometimes present documents for signature — medical authorizations, recorded statements, or release forms. Do not sign anything related to your injury, your medical treatment, or your employment status without first consulting a maritime attorney.
  • Contact a maritime attorney before you do anything else. The earlier an attorney is involved in your case, the better positioned you are to protect your rights from the start. A maritime attorney can advise you on your choice of physician, help you document your expenses correctly, and ensure your employer meets their maintenance and cure obligations from day one.

Speak to a New Orleans Maritime Attorney Today

The maritime attorneys at Lambert Zainey have been protecting the rights of injured seamen for more than 40 years. If your employer is directing you to a company doctor, disputing your right to independent medical care, or refusing to pay for treatment your physician recommends, we can help. Contact us today for a free, confidential consultation. We serve maritime workers across the Gulf Coast and throughout the United States, and we never charge a fee unless we win your case.

Key takeaways
  • You are not required to use a company doctor as your treating physician after a maritime injury, though you should not refuse emergency treatment at the time of the accident.
  • Your employer is legally required to pay for your medical treatment under the cure component of maintenance and cure — you should not use your personal health insurance for a work-related maritime injury.
  • Using your own health insurance after a maritime injury can cost you money, create subrogation complications, and give your employer grounds to dispute their obligation to pay.
  • Company doctors are often under pressure to minimize your injuries, limit recommended treatment, and declare Maximum Medical Improvement as quickly as possible.
  • Your right to choose your own treating physician is one of the most important protections you have in a maintenance and cure claim — exercising it early can significantly affect your recovery and your case.

When a maritime worker is injured on the job, two things typically happen quickly. Their employer directs them to a company doctor. And their instinct — shaped by years of handling every other medical situation with their insurance card — is to reach for their health insurance to cover the bills.

Both of those responses can seriously damage your maintenance and cure claim.

Understanding your actual rights in the immediate aftermath of a maritime injury — who you are required to see, who pays for your treatment, and why your personal health insurance should stay in your wallet — is one of the most practically important things an injured seaman can know. This post covers all of it.

Can I Use My Health Insurance To Pay For Medical Treatment For A Maritime Injury?

Your Legal Rights to Medical Care After a Maritime Injury

Maritime accidents can result in serious, even fatal injuries. Injured workers often worry about a lack of resources to pay their medical expenses after a work accident, especially if they are unable to return to work because of the injuries.

It’s important to know that these medical bills should not be the worker’s problem to deal with — they should be the company’s problem. Any medical treatment for a maritime work injury should be paid for by your company or its insurance company directly. This is especially true if the accident resulted from an act of negligence on the part of a co-worker or employer.

Maritime workers who have been injured while working on or near the water have many rights and protection under maritime law. These include:

  • The right to a safe working environment. Maritime employers are required by law to provide their employees with a safe workplace free of hazards. When they fail to do so and an employee is injured as a result, the employer may be held liable for the employee’s injuries.
  • The right to medical treatment. Maritime workers are entitled to receive the necessary medical attention to treat their injuries. This treatment must be paid for by their employers.
  • The right to maintenance and cure. Jones Act seamen are entitled to receive maintenance and cure benefits from their employers, regardless of who was at fault for their injuries.
  • The right to compensation. The Jones Act and other maritime laws give qualified injured workers the right to seek compensation for their injuries in addition to maintenance and cure benefits. This can include compensation for ongoing medical expenses, lost wages, pain, suffering, etc.

Do You Have to See a Company Doctor After a Maritime Injury?

After a maritime injury, your employer will almost certainly direct you to a company-appointed physician. Understanding what you are and are not required to do in that situation is critical.

  • You are not required to make the company doctor your treating physician. You have the right under maritime law to choose your own doctor for ongoing treatment. Your employer cannot legally deny your maintenance and cure claim simply because you refused to make their physician your primary treating doctor.
  • You should not refuse emergency treatment. If a company doctor or company-arranged medical facility is the only immediate care available at the time of your injury — on a vessel, at a remote work site, or in an emergency room your employer directs you to — accept that treatment. Refusing emergency medical care can be used against you later in your case. The key is what happens next.
  • Follow up with your own physician as soon as possible. After any initial company-arranged treatment, you have the right to seek care from an independent physician of your choosing. Do this as quickly as you can. The sooner you establish care with your own doctor, the stronger your independent medical record becomes.

Why The Company Doctor Is A Problem For Your Claim

Company doctors are typically paid by or have an ongoing financial relationship with your employer or their insurance carrier. That relationship creates an inherent conflict of interest. In practice, company doctors frequently:

  • Underestimate the severity of your injuries based on limited examination
  • Recommend minimal treatment to reduce the employer’s cure obligations
  • Declare Maximum Medical Improvement earlier than your condition warrants
  • Dismiss or contradict the findings of specialists you see independently
  • Clear you to return to work before your injuries have genuinely healed

None of this means every company doctor acts in bad faith. But it does mean that relying solely on a company doctor’s assessment — without an independent physician in your corner — puts you at a significant disadvantage in a maintenance and cure dispute.

The company doctor’s MMI determination carries particular weight because it is frequently the basis on which employers terminate maintenance and cure benefits. If the only physician evaluating you is one with a financial relationship to your employer, that determination may not reflect your actual medical status. For a full explanation of how MMI works and what to do when a company doctor declares it prematurely, see How Long Do Maintenance and Cure Benefits Last Under the Jones Act?.

Can I Use Health Insurance For Treatment For A Maritime Injury?

Why You Shouldn’t Use Your Health Insurance to Pay For Treatment After a Maritime Injury

The instinct to use your health insurance after any injury is deeply ingrained. But for a maritime worker injured on the job, reaching for your insurance card is a mistake that can cost you significantly — in ways that are not immediately obvious.

Here is why.

  • Your employer is already required to pay. Under the cure component of maintenance and cure, your employer is legally obligated to pay for the reasonable and necessary medical treatment you need for your work-related injury. This is not a workers’ compensation system where you file a claim and hope for reimbursement — it is a direct legal duty. When you use your personal health insurance instead of pursuing cure, you are effectively paying for something your employer owes you.
  • Your health insurance policy may not cover work injuries. Many health insurance policies contain exclusions for injuries that occur in the course of employment. If your insurer discovers that your treatment relates to a work injury — which they will, particularly if litigation follows — they may deny the claims retroactively, leaving you responsible for bills you thought were covered.
  • Subrogation can reduce your ultimate recovery. This is the most financially significant reason not to use personal health insurance after a maritime injury, and it is the one most injured seamen don’t know about until it is too late. If your health insurer pays your medical bills and you later recover compensation through a maritime lawsuit or settlement, your insurer has the legal right — called subrogation — to recover from your settlement the amounts they paid on your behalf. That means money that should be yours goes back to your insurance company instead. By ensuring your employer pays cure directly, you preserve your full recovery.
  • Your employer may use it against you. If you file claims with your personal health insurance for a work injury, your employer may argue that your conduct demonstrates the injury was not work-related, or that you have waived certain rights by handling the medical bills through your own insurer. While these arguments do not always succeed, they create unnecessary complications in your case.
  • You may face higher premiums. Filing claims with your personal health insurer for significant injuries can affect your premium rates going forward, adding a long-term financial cost to an already difficult situation.

The bottom line is straightforward: any medical treatment for a maritime work injury should be billed directly to your employer’s insurance carrier, not to your personal health insurance. If your employer is refusing to pay cure or directing you to handle your own medical bills, contact a maritime attorney immediately.

Maintenance and Cure Benefits

For Jones Act seamen, maintenance and cure are benefits similar to state worker’s compensation benefits. “Maintenance” refers to a seaman’s living expenses (food, rent, utilities, etc.). “Cure” covers the injured worker’s medical expenses (doctor visits, hospitalization, medication, etc.).

Maintenance and cure is a no-fault system. This means an employer is required to pay benefits to an injured seaman regardless of who was at fault for their injuries. An employer is required to pay maintenance and cure until the injured worker achieves maximum medical improvement. Maximum medical improvement is the point at which an injured worker has recovered as much as possible and further medical treatment will not improve their condition.

It’s important to remember that maintenance and cure benefits are separate from compensation for lost wages, pain, suffering, or other damages that may be recovered from a maritime accident lawsuit. If the injury was caused by the negligence of the shipowner or the ship’s crew, you may be entitled to compensation for these damages under the Jones Act and other maritime laws.

If your employer has terminated your maintenance and cure benefits prematurely or is refusing to pay for treatment your physician recommends, see What to Do If Your Employer Ends Maintenance and Cure Too Soon for a full explanation of your legal options.

Get Our FREE Guide to Protect Your Claim

What you do after an accident is critical. Insurance companies will try to get you to make mistakes that can hurt your claim. Our free guide can help you avoid these traps.

Download our complimentary guide: “5 Costly Mistakes to Avoid After Any Maritime Accident” to arm yourself with the knowledge you need to protect your rights.

Download FREE Guide Now
5 costly mistakes narrow

What Should You Do Immediately After a Maritime Injury?

The decisions you make in the first hours and days after a maritime injury have a direct impact on the strength of your maintenance and cure claim. Here is what to prioritize.

  • Report the injury immediately and in writing. Notify your supervisor or the vessel’s captain as soon as possible and make sure the injury is recorded in the ship’s log. Follow up with written confirmation — a text, email, or formal incident report — so there is a documented record that the injury was reported promptly.
  • Accept emergency treatment but document your intent to seek independent care. If your employer arranges immediate medical treatment, accept it — refusing emergency care can be used against you. But as soon as you are able, communicate clearly that you intend to follow up with a physician of your own choosing.
  • Do not sign anything without legal advice. In the aftermath of an injury, employers and their insurers sometimes present documents for signature — medical authorizations, recorded statements, or release forms. Do not sign anything related to your injury, your medical treatment, or your employment status without first consulting a maritime attorney.
  • Contact a maritime attorney before you do anything else. The earlier an attorney is involved in your case, the better positioned you are to protect your rights from the start. A maritime attorney can advise you on your choice of physician, help you document your expenses correctly, and ensure your employer meets their maintenance and cure obligations from day one.

Speak to a New Orleans Maritime Attorney Today

The maritime attorneys at Lambert Zainey have been protecting the rights of injured seamen for more than 40 years. If your employer is directing you to a company doctor, disputing your right to independent medical care, or refusing to pay for treatment your physician recommends, we can help. Contact us today for a free, confidential consultation. We serve maritime workers across the Gulf Coast and throughout the United States, and we never charge a fee unless we win your case.

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