January 2018

MEDICAL TREATMENT UNDER THE LONGSHORE & HARBORWORKER'S ACT

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Last month we discussed that many doctors don't know the difference between worker's compensation and the Jones Act for treatment and billing purposes, and the need for you to educate them about your status to commence treatment. A similar issue arises with longshoremen and other harbor workers, who are covered by the Longshore & Harborworker's Act, and not State Worker's Compensation laws. Most doctors' offices do not understand the difference and will either deny treatment or mistakenly fill out the wrong forms, delaying treatment. Under the Longshore & Harborworker's Act, doctors are not limited to State Worker's Compensation scheduled fees and they can charge "reasonable and customary" rates. If you are an injured longshoreman or harbor worker and experience difficulty getting treatment, make it clear to your doctor that your treatment is NOT subject regular State Worker's Compensation rates.

QUESTION FROM THE BRIDGE

I hurt my knee while working on the dock in Oakland. My primary care doctor has refused to treat me, saying they don't do worker's comp. I really like my doctor and would like to keep her. What can I do?
Bill F.
Oakland

Answer:
Dear Bill,
Explain to her office that you are a longshoreman and not covered by State worker's compensation law. They will be more willing to treat you if they know they will get paid fair value for their services.

Happy New Year!

NOW BACK IN OAKLAND AT

The Law Offices of Lyle C. Cavin, Jr.
428 Alice St., Suite 128
Oakland, CA 94607

About Our Law Firm

For more than four decades, merchant mariners, longshoremen, fishermen and harbor workers plying their trades at sea, on the docks, on our U.S. coastal waters and inland waterways have turned to the maritime law firm of Lyle C. Cavin, Jr. & Associates in Oakland. Today, we are proud to be recognized as one of the preeminent maritime law firms serving injured marine workers nationwide, as well as one of the most successful personal injury litigation firms serving victims of negligence in the San Francisco Bay Area and throughout the West Coast.

Team Approach to Every Personal Injury and Jones Act Claim

When you retain Lyle C. Cavin, Jr. & Associates for a Jones Act injury claim, or personal injury claim, you don't get just one attorney, you get our entire team of dedicated professionals. Our attorneys offer more than 150 combined years of courtroom and negotiated claims settlement experience. We will represent your interests with unwavering dedication, speed and expertise.