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FILING A MARITIME INJURY/JONES ACT LAWSUIT

If you are an offshore worker who has been seriously injured while on the job, our Maritime Injury and Jones Act attorneys can help. At The Carlson Law Firm we represent a wide range of seaman, including workers on board drilling rigs, jack up vessels, drillships, crew offshore supply vessels, tugboats, cargo ships, oil tankers and barges.

Step 1: If you become injured while working aboard a vessel at sea, or one that is moored at a dock, your first step should be to report your injury to your captain, employer or senior officer. Federal regulations give you a seven-day window to report a work-related injury for Jones Act claims, but it is best to do it as soon as conditions allow. Do not try to stay on duty, this can be used against you during the claims process.

Step 2: Seek medical attention. Even if your injury seems minor at the time of the incident, it is best to see your doctor, emergency medical personnel or your ship’s medical officer. Make sure you keep any documents showing your injury and proof of any treatment you receive.

Step 3: File your company-provided accident report once you are able. Be as detailed as possible when you fill out the accident report.

Step 4: It is important that you contact a maritime injury attorney who handles Jones Act cases before taking any further steps. Even if your employer’s insurance company representative tries to persuade you into giving a written or taped statement about your injuries, don’t do it. The insurer’s job is to minimize the value of your claim and will do anything to trip you up to achieve this goal. An experienced Maritime Law/Jones Act attorney will work with you to process your injury claim. Attorneys at The Carlson Law Firm are able to handle maritime and offshore injury claims NATIONWIDE, including Texas, Louisiana, Mississippi and Missouri. 

MAINTENANCE AND CURE

Maintenance and Cure is a seamen’s right to medical treatment and living allowance following an accident aboard a ship, or other offshore vessel.

“Maintenance” is a daily living allowance paid to a seaman while he is recovering from his injury or illness. Maintenance payments continue until a seaman has reached maximum medical improvement or until he is fit to return to duty at his previous level. There is no set daily rate for maintenance, and the rate of maintenance may vary from case to case. Typically maintenance rates are set by employers very low in the range of $30 to $35 a day. A maintenance rate in a seaman’s employment contract is non-binding with the exception of some collective bargaining agreements.

“Cure” is a shorthand term used for medical expenses associated with a seaman’s injury or illness. In almost all cases, a seaman’s employer must pay all reasonable and necessary medical expenses associated with a seaman’s injury or illness. These expenses may include doctor and hospital bills, therapy expenses, nursing bills, MRI and CT scans, wheelchairs, diagnostic testing, pain clinics, transportation costs to and from the doctor, and other reasonable medical-related expenses. An injured seaman has the right choose his own doctor. The right to cure continues until the seaman has reached maximum medical improvement. Many employers and marine insurance adjusters attempt to wrongfully terminate a seaman’s benefits before they have reached maximum medical improvement. Where there are conflicting medical opinions about whether or not further medical treatment may improve a seaman’s medical condition, maritime law requires those doubts be resolved in favor of granting further treatment.

If you believe you are entitled to maintenance and cure and your employer denies your claim, the first thing you should do is speak to an experienced maritime lawyer about your situation.

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