Under the Jones Act, seamen who get injured on the job are entitled to benefits to help cover their medical bills and basic living expenses. These benefits are known as “maintenance and cure.” Unfortunately, while employers are supposed to pay maintenance and cure benefits regardless of the cause of a seamen’s injuries, in many cases, they refuse to pay the benefits the law requires.
If you have been injured in an offshore accident, an experienced maintenance and cure lawyer at Morrow & Sheppard LLP can help you recover the maximum compensation you deserve. Whether you have just been injured or you have already tried unsuccessfully to file a claim, we can step in and stand up for your legal rights. In addition, many injured seamen are entitled to compensation beyond maintenance and cure. When you contact us about your maintenance and cure claim, we will conduct a thorough case assessment to identify any additional sources of financial compensation.
Understanding Maintenance and Cure
As someone who works offshore in the Gulf of Mexico, it is important to have at least a general understanding of your right to maintenance and cure under the Jones Act. Here are the key facts you need to know:
- You can claim maintenance and cure benefits even if you caused your own injury.
- Your employer does not have to be at fault in order for you to receive maintenance and cure.
- You are entitled to continue receiving maintenance and cure benefits until you make a full recovery.
How Much Can I Recover for Maintenance and Cure?
For seamen who live in Texas and other states along the Gulf of Mexico, maintenance and cure benefits typically add up to around $30 to $50 per day. An important part of filing for maintenance and cure is ensuring that you are receiving the full benefits to which you are legally entitled. In addition, since many offshore injuries cost seamen much more than just $30 to $50 per day, it is critically important that you hire an attorney who can help you explore all possible sources of financial compensation.
Learn more about calculating maintenance and cure.
What If My Employer Won’t Pay Maintenance and Cure?
If you are a seaman and your employer is refusing to pay maintenance and cure, this could mean a couple of different things. One option is that you are not entitled to benefits. However, the more likely scenario is that your employer is violating your rights in order to protect its bottom line.
When employers refuse to pay maintenance and cure, not only can they be held liable to pay these benefits, but they can be held liable for:
- Punitive damages,
- Employees’ legal fees, and
- Additional compensation for the aggravation they’ve caused.
Our experienced maintenance and cure attorneys will fight to make sure you receive the full compensation you deserve.
Below is a list of our frequently asked maintenance & cure questions.