When will my maintenance and cure payments run out? I wasinjured onthe Transocean rig when it exploded.

A: If you were injured in the Transocean rig explosion, your employer is supposed to be paying you something called "maintenance and cure."  "Cure" is payments to your doctors for treating your injuries.  "Maintenance" is payments to you to replace the wages you are losing.  These payments to you are mandatory under the Jones Act law. 

Many victims are asking us:  how long are we entitled to receive these benefits?

Under the maritime laws, you are entitled to receive these benefits until you reach something called "maximum medical improvement" (MMI). 

Who decides when you reach MMI?  A doctor.

Which doctor? 

This is where it gets tricky, and where many injured offshore workers are duped by their employer in to throwing away their legal rights.

The companies know that once a doctor says you are at MMI, they can immediately cut off your payments.  So, they send you to their doctors - "company doctors."  Do not for one minute think these doctors are "independent."  They are not.  They are used by the offshore companies thousands of times, and they are paid hundreds of thousands of dollars for this work.  What do the companies expect in return for this steady flow of business?  A few initial reports documenting your injury, then a report that you are at MMI before you start to incur significant medical bills.  Typically, a claims management company, such as Shuman Consulting, is involved in this sneaky process.

How can you avoid this trap?  CHOOSE YOUR OWN DOCTOR.  That's right, you can see any doctor you want.  YOU DO NOT HAVE TO SEE THE COMPANY CHOSEN DOCTORS.  Many injured maritime workers are not aware of this, and, in fact, their employers actively try to hide this reality from them. 

You should always at least consult with your own doctor.  And if you suspect the company doctor has you on the fast-track to MMI (and you feel you are not that close to MMI), you should definitely see your own doctor.

If you have a board certified and qualified maritime injury lawyer working for you, they will be able to assist you through this process and make sure you don't get trapped by this well-known company trick.  They should be able to prevent you from being deemed MMI at a premature stage, which will enable you to continue to receive maintenance and cure payments from the company until you truly are at MMI.  This way, you can concentrate on healing your injuries so you can hopefully return to offshore work and continue to support your family.

If you have more questions about the timing of maintenance and cure payments, or about MMI, please call us Toll Free at (877) 724-7800.  Also, these matters are addressed in more detail in our recently released publication:  Answers To The Most Common Questions About The Transocean Rig Explosion.