A number of worries may weigh on your mind in the wake of a devastating on-the-job injury or illness. But adequate compensation shouldn’t be one of those concerns. For seamen covered by the Jones Act, receiving maintenance and cure compensation can mean one less worry on the road to recovery.
Maintenance and Cure is a legal doctrine that provides assistance to a maritime worker who is hurt on the job. Maintenance and cure benefits are specifically for commercial fisherman or merchant seamen covered under the Jones Act, which works to ensure adequate compensation for seamen who suffer maritime injuries. A seaman, in this instance, is defined as an employee — regardless of gender — who spends approximately 30 percent or more of his or her time working on boats or ships as a crew member, or who otherwise contributes to the craft’s function or navigation.
Maintenance and cure benefits may be available until the injured seaman reaches maximum medical improvement, or in other words until you have recovered from your injury as much as is possible, even though you may never fully regain functions that you lost because of your accident.
Because the Jones Act only provides maintenance and cure compensation to specific types of workers, these benefits may not be available for every type of offshore injury. For example, only certain types of offshore drilling rigs are considered “vessels” for purposes of the Jones Act. Our maritime accident lawyers can evaluate your situation and explain whether you might have a claim for maintenance and cure.
Maintenance refers to daily living expenses, such as food, housing, and essential utilities. If you are a seaman who has been injured in an oil rig accident, gas drilling accident, inland barge accident, crane vessel injury, or other accident working on a vessel, you may be able to receive this form of compensation that will help you meet necessary living expenses while you heal.
Cure refers to payments of medical costs associated with a seaman’s injury and subsequent recovery. This can include emergency care, hospital stays, surgeries, physical therapy, and more. If you have been afflicted by a disabling illness or other medical condition, or an injury sustained during the course of your work on a vessel, you may be able to receive cure benefits from your employer.
According to Texas personal injury laws, maintenance and cure benefits may be received if you or your loved one has been the victim of a serious offshore injury resulting in an inability to work. The skilled Houston maritime accident lawyers at The Krist Law Firm, P.C. can investigate every detail of your accident to determine what damages you and your family may be able to recover.
Although Texas and federal laws require an employer to compensate an injured seaman or offshore victim after they have been injured, that is not always what happens. Maintenance and cure should begin as soon as an injury occurs and remain in place until the victim reaches maximum medical improvement, which occurs when the injured employee is as fit as possible — not necessarily when they reach full recovery.
If you are not receiving maintenance and cure benefits after being injured while working on a vessel, please contact one of our Houston maritime accident lawyers at as soon as possible to learn your options. When you and your family are dealing with the financial difficulties and other consequences of a catastrophic injury, you deserve a qualified maritime injury lawyer who can provide a compassionate hand during these difficult times — and who will fight for fair compensation of your injuries.
If your employer is attempting to deny claims, delay payments, or contribute a lower monetary amount than is needed to survive, contact the Houston personal injury lawyers at The Krist Law Firm, P.C. today. Our maritime injury lawyers will provide the assistance you need to receive compensation for your offshore injury, especially if you are not receiving your maintenance and cure benefits as you should.
In addition, when your injuries were caused by negligence you may have the ability under the Jones Act to sue your employer or a third party for compensation of other damages, such as any past and future medical costs not already covered, physical pain, loss of earning capacity, physical limitations, and mental anguish.
If you are the victim of a maritime accident, it is important to work with talented maritime accident lawyers who can demonstrate strong skills and a history of fighting to get justice and fair compensation for each client. At The Krist Law Firm, P.C., our lawyers have handled maritime accident cases involving the Jones Act for decades and have won some of the largest settlements and jury awards in Texas maritime cases. We have the knowledge, experiences, and resources to fight for you — and to ensure you have the help you need for your recovery. Contact us today to learn how we can help.