Maritime workers face numerous risks every day they go to work. In recognition of this, federal laws such as the Jones Act were enacted to offer maritime workers certain essential benefits whenever disaster strikes. One of these benefits is maintenance and cure. Talk to a Texas Jones Act attorney to learn more about the federal laws that cover you whenever you are injured at sea.
What Are Maintenance and Cure Benefits?
Maintenance and cure benefits are enshrined in maritime law. They were established to ensure maritime workers receive the financial support necessary to meet their basic needs and medical expenses in the event they are injured in the course of maritime work. The benefits are payable by employers for injuries or illnesses suffered at work.
If a maritime worker slips and falls on a slippery deck injuring his spine, the employer is required to provide maintenance and cure benefits to the worker. If a maritime worker has a pre-existing respiratory condition that gets worse when he goes to sea, the employer is required to provide maintenance and cure benefits to the worker.
Maintenance and cure benefits are not fault-dependent. This means that an injured worker is due to receive maintenance and cure benefits regardless of whether their injuries were caused by the ship owner, employer, co-worker or the worker himself. An employer who does not pay maintenance and cure benefits to an injured maritime worker can be sued for, among other things, punitive damages.
What is Maintenance?
Maintenance covers the room expenses of an injured maritime worker up to recovery. These benefits cover the room and necessary day-to-day living expenses of the injured worker. Room expenses include rent, mortgage payments and property taxes. Living expenses, on the other hand, cover food, clothing, electricity, water, gas and other living essentials. However, they do not cover non-essential expenses such as cable, telephone and internet.
What are Cure Benefits?
Cure benefits cover the injured worker’s medical expenses. These include medical expenses incurred immediately after an injury up to the point of recovery or up to the point of maximum recovery. The point of maximum recovery is the point at which a doctor certifies the patient will not get better beyond regardless of medical intervention. This means that, where a worker has suffered a permanent injury, an employer is only mandated to provide cure benefits up to the point where the patient has recovered as much as is possible. The worker will not receive cure payments for the life of the disability.
Cure covers all reasonable medical costs such as surgery, medication, diagnosis, testing and therapy.
It also covers transport to and from the hospital and equipment costs for wheelchairs, crutches, hearing aids or other essential medical devices.
An injured worker is allowed to choose a doctor during the time of their treatment. Some employers may subject a worker to medical tests to determine whether they are fully recovered. Where an employer’s doctor certifies a worker as having recovered, the worker is entitled to seek a second opinion from another doctor.
Are you a maritime worker who has been injured in the course of work? You are eligible for maintenance and cure benefits. Some employers and insurers may reject your claim or look for ways to underpay you. You deserve better. Talk to a Texas Jones Act lawyer to ensure you get all that is due to you. Contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
