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Contact the Louisiana maintenance and cure attorneys (serving New Orleans and Baton Rouge) to discuss the benefits to which you are entitled after an offshore injury.
The Young Firm
400 Poydras Street, Suite 2090
New Orleans, Louisiana 70130
Toll Free: (866) 920-8471
Local: (504) 680-4100
Facsimile: (504) 680-4101
Under general maritime law if you suffer a maritime injury you are entitled to maintenance and cure from your Jones Act employer. Your claim to maintenance and cure benefits is a separate claim from your liability case against your employer or any responsible third parties for your maritime injury. Explore Read this page for more information, and please contact The Young Firm (serving New Orleans, Baton Rouge, and other Louisiana areas) to speak with our maintenance and cure attorneys.
Maritime law states that you are entitled to receive maintenance and cure benefits for any injury which you suffered “in the service of the vessel” regardless of how the injury occurred. This includes maritime injuries which may have occurred through your own fault, or injuries which simply arose while you were working offshore without any particular cause or accident. This is a very important point which injured maritime workers should understand. You are entitled to maintenance and cure even if you cannot identify a specific accident or event which caused your injury, as long as your injury began while you were “in the service of the vessel”.
Under maintenance and cure law, you are entitled to receive (1) maintenance and (2) cure. Maintenance benefits are defined as a daily payment made to you by your employer sufficient for you to pay your expense bills on land for the items which were provided to you while you were offshore. Typically your daily maintenance amount should include money for your rent, electricity, food and other monthly bills which occur on land. Unfortunately most maritime companies pay a very low rate of maintenance which has nothing to do with your actual expenses on land. In our experience as maintenance and cure lawyers, most companies pay a rate of maintenance of $15.00 to $40.00 a day. This rate of maintenance has absolutely nothing to do with the law which clearly states that your rate of maintenance should be enough for you to pay your monthly bills while you are injured. If you do not believe you are receiving the proper rate of maintenance, please contact our maritime injury attorneys so that we can help you.
Cure is defined as reasonable and necessary medical treatment related to your injury which occurred while you were in the service of the vessel. You are entitled to receive medical treatment until you reach the point at which your condition can no longer improve. Unfortunately the definition of “cure” does not include treatment simply to relieve your pain. Under the definition of “cure,”, the treatment being provided by your physician must result in a betterment of your condition otherwise your maritime employer will not be required to pay for such treatment under the law of maintenance and cure. (However, please note that other medical expenses including treatment for pain are recoverable under your Jones Act claim).
Please contact our New Orleans office (serving Baton Rouge) if you have any questions regarding your right to maintenance and cure benefits. Maritime law states that any doubts in regard to your maintenance and cure rights should be resolved in your favor,