How Do Maritime Injury Attorneys Calculate The Value of an Offshore Injury Claim?
If you are a seaman and have been injured while working offshore, you may be wondering if you are entitled to any benefits. Maritime law guarantees injured seamen maintenance and cure benefits.
Maintenance: Maintenance is defined by the law as the amount it costs for you to maintain yourself on land as your employer did at sea while you are recovering from your injury. Maintenance covers the costs for your lodging, food and monthly bills while you are injured and is generally paid at a fixed rate. Most companies pay $15 to $30 per day.
Cure: Cure refers to any medical expenses that are reasonable and related to your injury. You are allowed to choose your own physician.
Both maintenance and cure are paid until the seaman reaches maximum medical improvement, Maximum medical improvement is defined as the point in recovery from an illness or injury where a seaman’s condition will no longer improve with medical treatment.
After any offshore injury, you have to look out for yourself and your family. As an injured seaman you may be entitled to compensation that goes beyond maintenance and cure (which is required under law). Most deckhands are considered seamen and are therefore protected under a federal law known as the Jones Act.
If your injury was caused by negligence of the vessel owner, captain or a crew member or because the vessel was unseaworthy, you may be able to file a Jones Act lawsuit for additional damages. Jones Act damages include:
Medical expenses: Medical expenses include past and current medical bills and anticipated future medical costs including surgery, hospital and doctor bills, therapy costs and medical supplies. Lost wages: You may be able to recover any lost income and be compensated for the anticipated loss of income in the future.
Lost earning capacity: If your injury affects your ability to work and your earning potential, your employer may be held liable for the decrease in your earning capacity.
Loss of benefits: Maritime jobs typically pay very high benefits. You may seek compensation for past and future loss of benefits.
Pain and suffering: These damages are designed to compensate you for the amount of pain you suffered from your injury.
Mental anguish: Serious injuries and disabilities can affect a person’s mental well-being. If you suffered from depression, anxiety or post-traumatic stress after your injury, you may be able to obtain compensation for your mental anguish.
Loss of consortium: After a serious injury, a person may not be able to engage in the activities they once enjoyed. Family and spouse relationships may suffer. These benefits provide compensation for these losses.
These are just some of the factors that determine what your case is worth. For a free evaluation of your own injury claim, contact the New Orleans maritime injury attorneys at The Young Firm. An experienced maritime lawyer will review the details of your accident and help you choose the best course of action. To schedule an appointment, call 866-938-6113.
