If you have been injured or became ill while working offshore, we here at the Maritime Injury Law Firm in New Orleans, Louisiana, know precisely what benefits you should receive under Maintenance and Cure and how to fight for them.
Trust us when we say your employer will do everything in their power to deny you the compensation that is rightfully yours, which is why you need to have an experienced attorney on your side.
Read on to learn exactly what maintenance and cure can cover, and how it can apply in your offshore injury case.
What does Maintenance and Cure cover?
Maintenance and cure are part of the Jones Act. The Jones Act is one of the most comprehensive legal protections for seamen and, quite frankly, one of the most generous labor protections there is – hence why many employers do not want to pay them.
That is where The Maritime Injury Law Firm comes in. We help seamen throughout Louisiana and the Gulf Coast obtain the total amount due if they are injured or become ill while working offshore.
Generally speaking, maintenance and cure will pay for your living expenses and medical expenses due to a work-related injury or illness as you recover at home. These benefits are essential for being able to provide for yourself and your family, as well as receive medical care.
- Maintenance: While you are recovering, your employer is obligated to provide you with compensation for your cost of living. This includes your:
- Mortgage or rent
- Utility bills
- Property taxes
- And much more.
Maintenance solely covers basic living expenses. Please know this does not include your cell phone bill, cable bill, streaming services, etc. Typically, payments take place on a weekly or bi-weekly basis.
- Cure: In addition to covering your living expenses, under maintenance and cure, your employer is required to cover the cost of your medical care and treatment. This is similar to workers’ compensation insurance that other non-maritime industry professionals have and includes transportation to and from medical appointments. Medical bills are usually paid directly to your doctor.
Who qualifies for Maintenance and Cure benefits in Louisiana?
Under the Jones Act, maintenance and cure benefits are payable to those who are employed on a vessel that operates on navigable waters.
To be eligible to receive maintenance and cure benefits, an injured seaman does not have to prove that their injury was the result of an employer’s negligence.
So, it is essentially “no-fault” compensation. If a seaman is injured or becomes ill while “in the service of the vessel,” the employer is required by law to provide the seaman with maintenance and cure.
How long are you able to receive Maintenance and Cure benefits?
You should receive maintenance and cure payments until you reach the Maximum Medical Improvement (MMI) level. This does not mean that you will receive compensation until you have fully recovered. You reach MMI when your injury or illness can no longer improve by additional medical care.
So, you will only receive compensation until your doctors feel you have gotten as far as possible. As such, some employers in New Orleans, Louisiana, push for you to reach MMI prematurely. That’s where The Maritime Injury Law Firm comes in.
The Maritime Injury Law firm: Fighting for New Orleans, Louisiana Workers, and their Families
When you are injured or become ill when working offshore, The Maritime Injury Law Firm can apply the law to your specific situation, help you understand your rights, and fight to ensure you receive the compensation you are entitled to. We are the premier maritime law firm in New Orleans, Louisiana – and with good reason. Contact us today for your free and confidential consultation.