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Injured offshore? Get ready to fight for maintenance and cure

If a worker is injured offshore, sometimes the injury is severe enough that they cannot immediately return to work. For many workers, the inability to work can cause financial hardship. Even though the worker is unable to work, bills still need to be paid, the family still needs food on the table, rent or mortgage must be covered, doctor bills must be paid, and more.

Some injured offshore workers are entitled to “maintenance and cure”. This is compensation provided to injured seamen who are unable to work so they can pay for living and medical expenses. However, injured maritime employees don’t automatically receive maintenance and cure if they are hurt: they must ask for it.

What is maintenance and cure?

Maintenance is the compensation you are given to help you pay for your day-to-day living expenses after you’ve been injured on a vessel. The rate paid for maintenance is usually enough to cover your basic living expenses, which can include your mortgage or rent, your insurance, utility payments, and food. Of course, your employer may only offer you a small amount for maintenance and you will have to fight for a fair amount.

Cure is the compensation you are given to cover your medical expenses after an offshore injury. By law your employer will have to pay for all of your medical expenses, up until the doctor determines that your condition will not improve any more. Payments can be made for doctor visits, hospitalization, rehabilitation / physical therapy, medications, and more. However, your employer and your doctor may disagree about when you reach “maximum cure”, and you may need to fight to receive all the payments you think you deserve.

An experienced maritime law attorney can ensure that you receive the maximum amount you are due for maintenance and cure. It may be in your best interest to speak with an attorney about your case, because employers will try to get away with paying you as little as possible.

Factors affecting maintenance and cure determinations

Here are four factors that are taken into consideration when determining if you qualify for maintenance and cure.

Do you have a somewhat permanent connection to a vessel or an identifiable group of vessels?
Do the duties you perform on the vessel contribute to the vessel’s function or mission?
Is the vessel in navigation? (Note, vessels can be considered “in navigation” even if they were moored or docked when the accident happened.)
Were you injured or did you become sick while working on the vessel?

If you’ve been injured and need fair compensation after a maritime accident, don’t put your fate in the hands of your employer – talk to an attorney. Please contact the New Orleans based office of The Young Firm to get experienced offshore injury lawyers on your side, fighting for your rights.

The Young Firm

400 Poydras Street, Suite 2090

New Orleans, Louisiana 70130

Phone: (504) 680-4100

Toll Free: (866) 968-6113