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If you have been injured offshore and are unable to immediately return to work, you may be entitled to compensation, known as maintenance and cure. To qualify, you must be considered a seaman.
Seaman Status
Three factors are considered when determining if an offshore worker is a seaman, and therefore entitled to compensation. An injured offshore worker must prove the following:
1. A relatively permanent connection to a vessel or identifiable group of vessels;
2. The vessels must be "in navigation." (This DOES NOT mean the vessel must be moving.)
3. The injured worker's duties must contribute to the mission or function of the vessel. (This is defined very broadly).
Once it has been determined that you are legally a seaman, you need to show that you have been inured while working on a vessel (or that you have become ill) and that you have not reached the maximum cure, to qualify for benefits.
Maintenance
Maintenance refers to the compensation you receive to pay your living expenses. This amount generally is paid at a rate necessary to cover your basic living expenses. These living expenses may include, a house payment, insurance, food, utilities and mileage to and from your medical provider. Employers often only pay a small daily amount, such as $20 to $30 a day, for maintenance. However, you may be entitled to more money and should consult with a maritime attorney who can help you determine the amount of maintenance you should be receiving.
Cure
Cure is designed to cover your medical expenses. It is the amount needed to pay for your medical treatment, such as physician visits, physical therapy and medications. Your employer is required by law to pay the entire amount of your medical expenses until your condition can not improve any further. There are often disputes between injured seamen and their employers as to when maximum cure is reached. The employer’s doctor may say that the employee has reached this maximum, while the employee’s treating physician disagrees.
Jones Act Claim
If your offshore injury was caused by negligence by the vessel owner, crew, officers or other party, you may be able to file a Jones Act lawsuit that could entitle you to compensation beyond maintenance and cure. After an injury on a vessel, you need to contact an experienced maritime attorney who can explain your legal rights. Call Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 for legal consultation regarding your offshore injury case. Also contact us if your employer refuses to pay maintenance and cure.
Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue
Suite 1020
Houston, TX 77002
Phone: 713.224.7800
Fax: 713.224.7801
Toll Free: 888.473.1258
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