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Maintenance and Cure Law

10/3/2011
Timothy J. Young
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Offshore Injury, Maintenance Benefits and the Jones Act Seaman

You have been injured working at your Gulf of Mexico offshore job and it is taking longer than you expected to recover. So far, you have been receiving Jones Act maintenance and cure benefits, and you are nearly finished with your medical treatments. But you wonder, "How long must my employer continue my maintenance payments?" Good question.

Maintenance refers to the amount you need to maintain yourself on land while injured. This means the costs of food, lodging, and monthly bills. Many employers pay maintenance rates of only $15 to $30 per day. Hopefully you are doing better than this. There is no basis in law for paying this low amount. If you feel you have been receiving too little, you should consult a lawyer for advice.

While cure benefits can continue even after you have returned to work, maintenance payments stop. Once you are back at work, you are considered able to maintain yourself. For this reason, it is important that you do not go back to work until you are physically able to do so. If your employer suggests that your maintenance costs will stop at a certain date and you know you are not ready to return to work, you have the law on your side.

The principle of maintenance and cure was designed to protect the seaman. If you have any doubts at all about your maintenance payments, contact The Young Firm immediately for help. We are experts in all facets of maritime law and can help you. Just call toll free: (866) 938-6113 or fill out the form on this page to get a free consultation.




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