Who Will Pay My Medical Bills after a Gulf of Mexico Commercial Diving Injury?

Commercial divers take risks that most people would never consider taking. As a result, many injuries occur each year on the job. Besides the dangers associated with being underwater for long periods of time, divers also deal with the risks of doing the construction work underwater that most maritime workers do above water. And if a commercial diver is injured, his or her medical bills must be paid. Period.

So, how does an injured diver get bills paid? Most divers are considered Jones Act seamen if they spend more than 30% of their time on a vessel or fleet of vessels that are in navigation. This qualifies them for maintenance and cure benefits. "Maintenance" refers to the costs an injured seaman needs to eat and sleep under a roof and is designed to help cover daily living expenses while recovering. "Cure" refers to the money a seaman needs to cover medical treatments, which are never cheap.

General maritime law requires that employers pay maintenance and cure to Jones Act seamen injured in the service of a vessel. By law, "cure" means your medical bills are paid for the services of a doctor you choose. You should never use the company doctor, who may release you too soon and cut off your cure payments before you have really recovered from your injury. Cure also covers medications, hospitals, and rehabilitation.

The employer must pay cure benefits to an injured seaman until he reaches "maximum medical cure." This means that he must receive money to cover all doctor, hospital, medication, rehabilitation, and even medical device costs. The law is very clear on this. And, if employers do not fulfill this obligation, seamen have the legal right to sue them.

A commercial diver can rest assured that he will be covered by "cure" in case of an accident resulting in injury. Gulf Coast employers are required by law to pay this.

It is good to keep in mind that health care providers will show some leniency in payments, as long as you are working to get your bills paid. If you have fallen behind in your medical bills and are waiting for a cure payment, or have a lawyer working to help you get more money for cure, it is worth contacting the hospital or doctor and asking for a reduced payment. Sometimes just paying a little bit each month will show them that you do want to pay them off. It never hurts to ask.

Meanwhile, if you have any questions about your medical coverage or are having trouble getting your medical bills paid, please call The Young Firm, Louisiana maritime law experts, toll free at: (866) 938-6113. We can look at your specific case and advise you on exactly what you need to do next.