If you're injured in a boat accident, the Jones Act of 1920 affords you certain protections, and if the rights you're granted under the Act are violated, you have the right to file a suit against your employer. A Houston maritime lawyer can help explain what your rights are and what actions you can take to protect and enforce them. Filing a boating accident report is a good start.
Maintenance and Cure Benefits
"Maintenance and cure" benefits are owed to any employee who is injured in the service of a vessel. Maintenance benefits are defined as the amount of money it costs to cover living expenses that your employer provided while you were at sea, such as room and board, food, utilities and other necessary monthly expenses.
Cure benefits are for the medical expenses necessary to treat your injury and help you recover.
In some cases, companies will pay a flat rate of $15 to $30 per day for maintenance - this sum is arbitrary, and whatever excuses your employer gives you, it's vital that you pursue a maintenance fee that covers your expenses. Your employer may insist the rate industry standard or the fee that has always been paid. It doesn't matter. You're entitled to compensation that addresses your living needs.
When Your Employer Refuses to Pay Maintenance and Cure
If your employer fails to pay you a sum that's reasonable, you have the option to present your claim to a jury or judge. If the proper rate was unreasonably withheld, your employer will be forced not only to pay the correct amount, but also to pay for attorney fees associated with filing a suit. If the employer is found to have withheld maintenance and cure benefits arbitrarily, you can also receive compensation for the worsening of your condition.
Let a Houston maritime lawyer protect the rights you're entitled to by helping you file a boating accident report. Boat accident injuries can be serious, and your employer should compensate you properly for the time you had to take off in order to recover.
Contact a Houston Maritime Lawyer
Maritime law provides you with certain protections your employer may not want you to know about when you've been in a boat accident. A law attorney from The Young Firm in New Orleans, Louisiana can help you if you have suffered boating accident injuries, an offshore accident or other injuries that fall under maritime law or the Jones Act.
Though we are based in Louisiana, we are ready and able to help injured victims throughout the U.S. Order our free Maritime Injury Law guide and/or our guide to what to do when you are injured offshore to learn all about your rights as an injured worker.
When you are ready to get started with your Jones Act injury case, we urge you to contact us today for a FREE case evaluation - call 1-504-680-4100 or toll-free at 1-866-938-6113.
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