Seaman's Rights Lawyer

Jones Act Maritime Law Protects Injured Seamen's Rights

A seaman who becomes injured or falls ill while in the service of a vessel has an absolute right to receive his unearned wages through the end of his voyage and the benefits of maintenance and cure.

Seamen have a right to these benefits regardless of fault on the part of the employer or any other party. These rights are the unconditional responsibility of the seaman's employer and are in addition to any rights and benefits to which the seaman may be entitled under the Jones Act.

Though a seaman may have certain rights and remedies available to him, it is crucial to involve an offshore injury attorney who can ensure these rights are fully protected. Seeking fair compensation can be a complicated undertaking, and if a seaman's rights are violated in any way he may be in jeopardy of receiving inadequate benefits or no benefits at all. At Arnold & Itkin LLP we understand the challenges that an injured seaman may face in the wake of an offshore injury or maritime injury of any kind. We are committed to protecting the rights of seamen under the Jones Act and all areas of maritime law.

Offshore Injuries and a Seaman's Rights

A sick or injured seaman has a right to maintenance and cure benefits until such time that he reaches maximum medical improvement, or MMI. These rights encompass other rights as well, such as the right to choose his own doctor or medical providers and the right to a second opinion beyond the diagnosis or prognosis of a company doctor.

Cure benefits include reasonable and necessary medical treatment, durable medical equipment and supplies, and medications related to the treatment of the injury or illness or any other condition that may develop secondary to the original condition. Maintenance benefits are historically based on a minimal daily subsistence rate. In more recent years the courts have interpreted the right to receive maintenance benefits and the employer's duty to provide these benefits as a requirement that the employer provide adequate benefits to cover the seaman's basic living expenses. Such expenses include rent or mortgage payments, utility expenses, and food costs.

Another right encompassed in the seaman's right to receive maintenance and cure is the right to bring a maintenance and cure action or lawsuit against an employer who either refuses to provide benefits or provides inadequate benefits. A seaman who is forced to bring a claim against his employer to enforce his right to receive maintenance and cure may be entitled to make a claim for attorney's fees for this cause of action.

A seaman's right to receive maintenance and cure ends when he reaches maximum medical improvement.

The Jones Act also gives seamen the right to sue a negligent vessel owner or employer for injuries that occur while working on a vessel that operates in navigable waters. Damages that can be recovered under the Jones Act and general maritime law include lost wages, loss of future earning capacity, past and future medical expenses, and pain and suffering, including loss of enjoyment of life and mental anguish.

Contact an Offshore Injury Attorney

Seeking fair compensation and ensuring the full protection of your rights is made easier when you have an experienced attorney by your side. We have recovered hundreds of millions of dollars in settlements and verdicts for our clients thus far and are ready to see how we can help you get the money you need to rebuild and move on.

Contact a seaman's rights attorney at our firm today to discuss your offshore injury case.