Under general maritime law an employer has an obligation to provide its injured employee with "maintenance and cure". Typically maintenance and cure claims are filed by injured seamen since these individuals are necessarily filing suit against their employers.
The law states that all ambiguities or doubts in regard to a maintenance and cure claim should be resolved in favor of the seaman. This doctrine gives you an idea of how strong your rights are to maintenance and cure benefits.
Maintenance is defined by the law as the amount it costs for you to maintain yourself on land as your employer did at sea. In other words maintenance typically includes the costs for your lodging, food and monthly bills while you are injured. Most companies pay a fixed rate of $15.00 to $30.00 per day as maintenance. There is absolutely no basis in the law for the payment of this amount. Most companies arbitrarily select this amount and argue that it has been paid for many years to injured seamen. It is very important that you seek the maintenance rate which is proper in your case to pay your expenses while you are injured.
Cure is defined as medical expenses that are reasonable and related to your injury. You are allowed to select your own choice of treating physician and your company must pay for any medical treatment which is reasonable and related to your injury.
If your employer fails to pay maintenance and cure, you can present a claim to the judge or jury that your employer was (1) unreasonable in failing to pay maintenance and cure and (2) arbitrary in refusing to pay maintenance and cure. There is an escalating standard as to whether your employer was, first, unreasonable, then, arbitrary. If your employer is found to be unreasonable in failing to pay maintenance and cure to you, you may be awarded attorney fees associated with having to file suit in order to receive maintenance and cure. Additionally, if your employer is found not only to be unreasonable but also arbitrary in failing to pay maintenance and cure, you may be awarded damages for any worsening of your condition due to your employer's failure to pay your maintenance and cure.
Description: Maintenance and cure benefits should be provided to any seaman or maritime worker injured at work. If not, a Louisiana Jones Act lawyer can pursue legal action.
Description: Under the Jones Act, workers’ compensation through maintenance and cure is provided for injured maritime workers. These benefits don’t cover medical costs after maximum medical improvement, and more.
Description: A Gulf Coast maintenance and cure benefits attorney can explain if you have a valid Jones Act claim. You may be entitled to these damages.
Description: There are a few things you should know about medical treatment pertaining to maintenance and cure. These are separate from your rights under the Jones Act law.
Description: Under maritime law, you may be entitled to maintenance and cure benefits, which is separate from Jones Act law. This may include medical treatment costs.
Description: What if you get hurt on land as a seaman? Will your company have to pay for your medical treatment and pay maintenance for a land injury? Does maintenance and cure apply if you get hurt on land and not the vessel? Maybe....here's why.
Description: Let a Louisiana maritime law expert handle your maintenance and cure case. Order copies of The Young Firm’s FREE books.
Description: Speak with a Houston maritime lawyer who can help you file a boating accident report if you’ve been in a boat accident: 1-866-938-6113.
Description: Back or neck pain from a Gulf Coast offshore accident? Learn your rights by ordering copies of New Orleans-based The Young Firm’s FREE consumer guides.
Description: When a maritime employer refuses to pay maintenance and cure, injured seamen have rights. Call the Louisiana Maritime lawyers at The Young Firm.
Description: Do you owe the tax man since you got maintenance and cure? Are maintenance and cure payments taxable income to you at the end of the year? How about advances?
Description: Recovering from an offshore knee injury? You may be entitled to maintenance and cure payments. Contact the maritime attorneys at The Young Firm, 866-938-6113.
Description: Offshore workers who become ill while on the job are protected under maritime law. Learn more about maintenance and cure benefits for seamen in this article.
Description: It is important that seamen know that there are additional benefits that can supplement a Jones Act claim. Under general maritime law, all seamen injured while working in service to their vessels are eligible for maintenance and cure regardless of who is at fault for the accident. They are also eligible to receive your wages until the end of your voyage or the end of your mutually agreed upon employment period. If you have been injured at sea and have questions about your benefits, contact the Louisiana maritime lawyers at The Young Firm
Awarded: Maintenance and Cure Settlement
Awarded: Maintenance and Cure Settlement