If you work in the maritime industry, getting hurt on the job is a major disruption. You may need to be off while you recuperate and that can result in financial hardship. Fortunately, there are laws that provide maintenance and cure benefits for qualifying injured offshore workers.
What Are Maintenance and Cure Benefits?
Injured workers covered by the Jones Act may be entitled to maintenance and cure benefits during their recovery. These benefits are also available regardless of fault.
The Jones Act applies to employees who suffer work injuries if they spend approximately 30 percent or more working on boats or ships as crew or contribute to the vessel’s function or navigation. If you work offshore but don’t fall into this definition, you may be covered by other laws that would provide compensation for workplace injuries.
At The Krist Law Firm, we can help determine what legal claims you may have.
- Maintenance: Maintenance benefits cover room and board while you recover at home. This includes expenses like your rent or mortgage, property taxes and insurance, gas and electric utilities, and food. Not covered would be cable, internet, car payments, and a host of other expenses outside of keeping a roof over your head.
- Cure: Cure benefits are another way of saying the employer will pay the reasonable and necessary medical expenses you’re incurring because of your workplace injury. Along with those costs, cure benefits will also be paid for your transportation to receive medical treatment.
Some employers may refuse to pay maintenance and cure, or perhaps try to drastically underpay it. If your employer is doing either, you absolutely need the help of our maritime injury attorneys. They know how to make an employer pay the benefits to which you are entitled. Failure to pay, or to underpay, could even result in a claim for punitive damages against your employer.
The Employer’s Rights To Terminate Maintenance and Cure
Once approved for maintenance and cure, you will continue to receive these benefits until you can return to work or you reach “maximum medical improvement” (MMI). MMI means you aren’t likely to improve beyond that point and you’ll likely be discharged from medical care whether you are fully recovered or not.
If you’re able to return to work without restriction, your maintenance and cure benefits will obviously terminate. There is no longer a need to supplement your income to pay for housing expenses and your medical expenses have ended.
The same holds true for a finding of MMI. Your employer will likely take steps to end your maintenance and cure benefits upon the finding of MMI. The important thing to remember is that your employer will likely be pushing for you to return to work or for a finding of MMI.
You may even be “encouraged” to see a doctor for an “independent medical exam.” If you find yourself feeling bullied into an IME, seek legal counsel to discuss your rights.
2. Do I Qualify for Maintenance and Cure?
To qualify for maintenance and cure benefits, you must meet the following criteria:
- You are employed on a vessel that operates on navigable waters
- The injury occurred while you were on board the ship or in the scope of your employment
3. What Does Maintenance and Cure Cover?
Maintenance benefits cover your daily living expenses. These maintenance payments should be sufficient to cover:
- Food
- Rent
- Necessary utilities like water, electricity, and gas
- Homeowners insurance
Cure benefits refer to the medical cost necessary to treat your injury. These expenses commonly include:
- Hospital and doctor bills
- Medication
- Medical tests
- Medical equipment such as crutches or a wheelchair
4. Can I Choose My Doctor Under Maintenance and Cure?
As an injured seaman, you have the right to choose your own doctor. If your employer requests that you submit to a medical exam with a doctor of their choosing, you have the right to obtain a second opinion from the physician of your choice.
5. What If My Employer Doesn’t Pay Maintenance and Cure?
It’s rare for an employer to refuse to pay out maintenance and cure benefits. In such cases, you have the right to bring legal action. In a personal injury lawsuit, you may be able to recover not only unpaid benefits but punitive damages that address the employer’s refusal to compensate you.
6. How Long Does Maintenance and Cure Last?
Your employer must pay maintenance and cure benefits until you have reached “maximum medical improvement,” known as MMI. Under the Jones Act and subsequent law concerning the act, MMI occurs once a physician has determined that your condition cannot be improved anymore and that there are no other possible treatment options for you.
Unfortunately, this means that if you’ve received a permanently debilitating injury, your maintenance and cure benefits may end earlier than would like them to. Even though you may still need medical treatment to maintain your health, you are no longer entitled to maintenance and cure benefits once your health can no longer be improved.
7. Do I Need a Lawyer for Maintenance and Cure?
If your claim is straightforward, it can probably be handled without an attorney. However, an experienced Houston Jones Act lawyer can strengthen your claim and move you through the process quicker. Other benefits of having a lawyer are:
- Negotiating a higher maintenance payment
- Ensuring that more of your medical expenses get considered as cure benefits
- Expediting the compensation process
- Taking legal action if your employer attempts to underpay or delay your benefits
Let an Attorney Review Your Case
If you suspect that your injuries resulted from any wrongdoing on your employer’s part, you should consult the maritime attorneys at The Krist Law Firm, P.C. right away. If your employer was negligent or reckless, you may be entitled to additional compensation, such as vocational retraining expenses, long term medical care, and more. It is very important for you to seek such compensation, especially if you will require continued medical treatment or therapy once you’ve passed the point of MMI.
Your employer may have been negligent if they failed to evacuate you from the ship or provide you with emergency medical treatment when you got injured. Alternatively, the ship owners or officers may have allowed the seaworthiness of the vessel to deteriorate, or could have made a decision that put your and other seamen at risk.
These cases require decisive action from industry professionals. With decades of experience and a track record of holding negligent maritime companies accountable, The Krist Law Firm, P.C., knows how to help sailors and their families get the compensation they deserve.
Call us today at (281) 283-8500 or contact us online for your free consultation.