Maintenance and cure benefits are available to injured maritime and offshore workers who qualify as “seamen” under the Jones Act. Are you eligible to file for maintenance and cure? Here is what you need to know.
The Jones Act entitles many offshore workers to maintenance and cure benefits when they get injured on the job. With only a couple of exceptions, companies are supposed to pay these benefits regardless of whether they are responsible for their employees’ injuries. Yet, maintenance and cure denials are common. Why is this the case?
If you qualify as a seaman under the Jones Act, you have the right to receive maintenance and cure benefits when you get injured on the job. You are entitled to these benefits regardless of how you got hurt (with a few rare exceptions), and your employer is supposed to pay promptly without putting up a fight.
If you qualify as a “seaman” under the Jones Act, you are entitled to maintenance and cure benefits when you get injured on the job. Unfortunately, there is a lot of important information your employer won’t tell you, and many companies try to get away with paying far less than their employees deserve. How much are you entitled to receive for maintenance and cure? How long are you entitled to receive these benefits? What if your employer refuses to pay the full amount you are owed? These are all answers you need to know. With this in mind, here are five important facts about maintenance and cure benefits for injured seamen: 1. Your Maintenance Benefits Should Cover Your Living Expenses The maintenance benefits you receive under the Jones Act should cover your living expenses. While many companies offer their employees a fixed rate (usually between $15 and $30 per day), you are entitled to submit documentation showing that you need more in order to buy gas and groceries and keep paying your bills on time. 2. There is Not a “Maximum Amount” Your Employer Can Pay Some companies will falsely claim that they cannot pay more than a predetermined “maximum amount” for maintenance and cure. This is not the case. Your employer can – and must – pay full maintenance and cure benefits until you get better or reach your maximum medical improvement (MMI). 3. You Don’t Have to Accept Your Company Doctor’s Decision Regarding MMI When you see a […]
Under the Jones Act, maintenance and cure are “no-fault” benefits that your employer must pay regardless of whether it was at fault in the accident that caused your injuries. Collecting maintenance and cure benefits is supposed to be easy, but many maritime and offshore employers go to great lengths to try to avoid paying the benefits their employees are rightfully owed. If your employer is refusing to pay maintenance and cure, what should you do? Denied Maintenance and Cure? It’s Time to Speak with a Maritime Attorney Unfortunately, this scenario is all too common. In many cases, employers simply bank on the fact that injured employees will not go through the effort to enforce their legal rights. So, they deny payment, and then they wait. If they don’t hear from an attorney, they don’t pay the benefits required by law. If you have been denied maintenance and cure, you need a lawyer on your side. Hiring a lawyer is the only way to get your employer to take your injury seriously, and if you don’t seek legal representation you can expect not to receive the benefits you deserve. What Can a Lawyer Do for You? 1. Force Your Employer to Start Paying Maintenance and Cure When you hire a lawyer, he or she will act as your representative in dealing with your employer and the maritime insurance company Your lawyer will contact your employer, and demand that it begin making maintenance and cure payments immediately. When they know they owe, […]
When you are unable to work as a result of an injury, if you are like most people, you need to find some other way to pay your bills. Your savings will only go but so far, and you’d really rather not spend it on your everyday expenses. So, you start looking for answers, and you find out that you are eligible under the Jones Act to claim “maintenance and cure.” At first, you are relieved. But, then your employer tells you that it won’t cover all of your medical expenses, and you are told that your “maintenance” benefits will only be around $15 to $40 per day. That isn’t even enough to cover the cost of food for your family, let alone your utilities, rent or mortgage, and the costs of your prescriptions and medical care. What can you do? Understanding Your Right to Maintenance and Cure Most maritime employers want to pay as little for their employees’ on-the-job injuries as possible. As a result, some of them will withhold or misrepresent information about employees’ right to medical coverage, and they pay the absolute minimum maintenance daily wage rate that they can get away with under the law. While employees are entitled to full medical coverage for their job-related injuries (for treatment provided by their own doctors), unfortunately, daily maintenance benefits typically are quite low – in the $15 to $40 per day range mentioned above. If your employer is refusing to cover your medical expenses, you may need […]
