What Are Maintenance & Cure Claims?
If you are an offshore worker, you may have heard of maintenance and cure claims, but aren't entirely sure what that means. Maintenance and cure are rights that all offshore workers are provided under the Jones Act. The Jones Act provides certain legal rights to American seamen and offshore workers. If you are injured offshore, you have the right to sue your employer for negligence and for maintenance and cure.
What Is Maintenance & Cure?
Maintenance and cure is just a technical term for general living expenses (maintenance) and medical expenses (cure). The Jones Act requires employers to pay maintenance and cure benefits to injured workers. These benefits are in addition to the any other compensation that is paid out from a separate negligence claim.
Does Maintenance & Cure Apply to Workers Who Get Sick?
Yes. Maintenance and cure benefits are not just for workers who are injured offshore; workers who get sick are entitled to benefits as well.
Is There a Limit to How Long I Can Receive Maintenance & Cure?
No, there is no set limit on how long you can receive benefits. Workers can receive maintenance and cure until the point hey they have fully recovered from their injury or illness.
What Can I Do If My Employer Refuses to Pay Maintenance & Cure?
If you have been injured or become ill while working offshore and your employer refuses to pay maintenance and cure benefits, you should consult with an attorney that is well-versed in the Jones Act and maritime law. Often, employers will attempt to use legal loopholes to avoid paying maintenance and cure benefits. However, if they are found to have improperly denied a worker from his or her maintenance and cure benefits, they could be subjected to additional penalties. An experienced maritime attorney will review the facts of your case and fight for every penny you are entitled to.
How Much Does It Cost to Hire a Maritime Attorney?
At Arnold & Itkin, we offer free consultations to all offshore workers. Our maritime attorneys will review the facts of your case and help you determine your best legal options. If you choose to have our firm represent you in your case, you still do not pay a dime upfront. We work on a contingency fee basis, which means you do not pay anything unless we win your case. Contact our maritime attorneys to learn how we can help you.