When seamen suffer serious injuries while working on their vessel, they can file a claim under the Jones Act to recoup their losses. The Jones Act is a federal law that was enacted to protect seamen, as they are legally ineligible for Louisiana workers compensation benefits.
In order to qualify for Jones Act benefits, a ship needs to be declared unseaworthy. Fortunately, any instance where the ship or other vessel becomes unsafe in any way will result in the ship being deemed unseaworthy. When a ship is not seaworthy, the owner of the ship will be required to provide the seamen with the benefits they need to move forward with their life.
These benefits are known in the maritime world as maintenance and cure. Below, we go in further detail about what each of the benefits consists of and how they will help you recuperate without financial burden.
All about Maintenance
Before we delve further into what maintenance is, it’s important to note that all injured seamen will be entitled to recovery of certain types of damages, such as your pain and suffering, loss of consortium, inconvenience, loss of enjoyment of life, property damages, damage to your earning capacity, loss of household services, mental anguish, and interest on the total amount of your losses, to name a few.
Maintenance is a component of the Jones Act that entitles injured seamen to coverage of their necessary living expenses. While you aren’t able to earn an income, having your utilities, rent or mortgage, groceries, and other important household bills covered by your employer can make your recovery substantially easier than if you had no way to provide for your family.
If you have questions about what living expenses can be covered in your case, you can speak with your attorney so that you have a better idea of what to expect from your Jones Act claim.
Cure and Maritime Injuries
When your lawyer refers to cure, they are referring to the coverage of your medical expenses as they relate to the injuries you sustained at work.
Your employer will be obligated to cover each medical cost, including your co-pays, transportation costs, hospital bills, diagnostic imaging, ambulance fees, prescription medications, medical equipment, physical or occupational therapy, installation fees, and any rehabilitative services you might require.
It will be up to your attorney to calculate the value of your damages after reviewing the costs of your maintenance and cure to ascertain how much you are able to recover from your Jones Act claim.
Contact a New Orleans Maritime Injury Lawyer
If you are a seaman who has been injured on the job, get help obtaining the benefits you deserve when you work with an experienced New Orleans maritime injury lawyer at the Law Office of Braud & Gallagher.
We provide injured sea workers with a free consultation. You can take advantage of this opportunity by calling our office at 1-800-256-5674 or by completing the quick contact form we have included at the bottom of this page.