As someone who works on a vessel or offshore, you have likely come across the term, “maintenance and cure.” You might know that this is a form of compensation employers are required to provide to their injured workers. You might also know that maintenance and cure benefits are provided under a federal law known as the Jones Act.
But, do you know how much you are entitled to recover? Do you know how to make sure your employer does not take advantage of you? Do you know what to do when your maintenance and cure benefits are not enough to cover the full extent of your financial losses and physical and emotional harm? Did you know you may be entitled to a direct lawsuit against your maritime employer? These are all critical questions, and if you do not know the answers you will almost certainly settle for far less than you deserve.
Protecting Your Rights After a Maritime or Offshore Accident
1. Losses Covered Under Maintenance and Cure
First, it is important to understand the types of losses that are covered by maintenance and cure. “Maintenance” refers to benefits that help cover your daily costs of living while you are unable to work due to an injury. While your employer is legally required to pay you these benefits if you qualify, most maintenance payments are fairly low – typically around $15 to $40 per day.
“Cure” refers to compensation for any medical bills you incur as a result of your accident. While your employer may try to get you to see it in-house physician, you are entitled to see your own doctor and still have the costs covered under maintenance and cure.
2. Maintenance and Cure Entitles You to No-Fault Compensation
Under the Jones Act, maintenance and cure are “no-fault” benefits. This means that your employer is required to pay regardless of whether or not it is to blame for your injuries. As a result, even if you simply tripped down a normal set of stairs, you are still entitled to collect maintenance and cure benefits under the law.
3. Maintenance and Cure Are Not the Only Benefits Available
As an offshore or maritime worker, perhaps the most important thing to know about maintenance and cure is that they are not the only benefits available under the Jones Act. Why is this important? Because most workers who suffer serious on-the-job injuries experience losses that far exceed the compensation available through maintenance and cure.
In addition to maintenance and cure, the Jones Act also includes provisions that entitle seamen to seek full financial compensation when their employers’ negligence is to blame for their injuries. An experienced maritime injury lawyer will be able to help you maximize your maintenance and cure benefits while also making sure your employer is held fully accountable for any negligence that may have contributed to your losses.
Learn More – Schedule a Free Jones Act Consultation Today
Licensed in Texas and New York, attorney David P. Willis has over 30 years of experience protecting injured seamen’s rights under the Jones Act nationwide. To get the help you need to recover the compensation you deserve, call the Willis Law Firm at 1-800-GOT HURT or request a free consultation online today.Share This