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What Is Maintenance And Cure?

Maintenance and Cure are both ancient maritime remedies for seamen who are injured while in the service of a ship or vessel and are owed to them under the law. Maintenance and Cure are paid out in addition to what you can recover for negligence or unseaworthiness. If your employer refuses to pay maintenance or cure you can sue them just for maintenance or just for cure. Many times, a letter from an experienced maritime lawyer results in employers beginning to pay maintenance and agreeing to pay medical expenses (cure). Even in the facts of your case may not give rise to Jones Act liability, the maintenance and cure claim may still be pursued to secure these benefits for the injured seaman.

Maintenance

Maintenance consists of weekly checks an employer must pay Jones Act workers when regular pay stops because of an injury or disease. Every Jones Act employer has the legal duty to provide a daily “subsistence” rate to its workers. The maintenance pay must cover reasonable living expenses (room and board) while ashore until the injured seaman is found fit for duty or placed at maximum medical improvement (MMI) by his physician. Maintenance is paid out without considering fault or negligence. If however you were injured due to the negligence of your employer, the ship or vessel owners, or other potential maritime defendants, then you may have a right to file a separate Jones Act lawsuit or other maritime law cause of action to recover potentially hundreds of thousands of dollars.

The amount of maintenance is generally between $15-$30 dollars per day. The rule is that the employer must pay you what it would cost for you to live on land in the same manner you lived offshore on the vessel. We advocate that maintenance pay should cover actual costs and so we obtain bills from our clients for the following items: rent, utilities, transportation cost, and food. We submit these bills along with our legal demand for maintenance pay. Maintenance should be paid regardless of the availability of other income.

Our experienced and internationally successful maritime injury attorneys know how to help you financially during the pendency of your offshore injury case. You may be awaiting a large settlement. Speak to us about the options we have for financial assistance. Many states allow lawyers to facilitate financial aid to clients.

Cure

In addition to maintenance benefits, each injured seaman is entitled to receive cure benefits for his or her conditions which manifest while in service to the vessel – payment of reasonable medical expenses during their time of recovery. The medical treatment you received must be “curative” in nature for your expenses to be covered. You do not, however, have to go to a “company doctor.” You can choose a physician you trust to assist you in your medical decision-making.

If you have been injured as the member of a crew of a vessel in navigation or while working offshore, you may qualify for Maintenance and Cure benefits. Contact the experienced Maintenance and Cure Lawyers of Schechter, McElwee, Shaffer & Harris, L.L.P. by email at info@smslegal.com or by phone at (800) 836-5830.

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What Is Maintenance And Cure?

Maintenance and Cure are both ancient maritime remedies for seamen who are injured while in the service of a ship or vessel and are owed to them under the law. Maintenance and Cure are paid out in addition to what you can recover for negligence or unseaworthiness. If your employer refuses to pay maintenance or cure you can sue them just for maintenance or just for cure. Many times, a letter from an experienced maritime lawyer results in employers beginning to pay maintenance and agreeing to pay medical expenses (cure). Even in the facts of your case may not give rise to Jones Act liability, the maintenance and cure claim may still be pursued to secure these benefits for the injured seaman.

Maintenance

Maintenance consists of weekly checks an employer must pay Jones Act workers when regular pay stops because of an injury or disease. Every Jones Act employer has the legal duty to provide a daily “subsistence” rate to its workers. The maintenance pay must cover reasonable living expenses (room and board) while ashore until the injured seaman is found fit for duty or placed at maximum medical improvement (MMI) by his physician. Maintenance is paid out without considering fault or negligence. If however you were injured due to the negligence of your employer, the ship or vessel owners, or other potential maritime defendants, then you may have a right to file a separate Jones Act lawsuit or other maritime law cause of action to recover potentially hundreds of thousands of dollars.

The amount of maintenance is generally between $15-$30 dollars per day. The rule is that the employer must pay you what it would cost for you to live on land in the same manner you lived offshore on the vessel. We advocate that maintenance pay should cover actual costs and so we obtain bills from our clients for the following items: rent, utilities, transportation cost, and food. We submit these bills along with our legal demand for maintenance pay. Maintenance should be paid regardless of the availability of other income.

Our experienced and internationally successful maritime injury attorneys know how to help you financially during the pendency of your offshore injury case. You may be awaiting a large settlement. Speak to us about the options we have for financial assistance. Many states allow lawyers to facilitate financial aid to clients.

Cure

In addition to maintenance benefits, each injured seaman is entitled to receive cure benefits for his or her conditions which manifest while in service to the vessel – payment of reasonable medical expenses during their time of recovery. The medical treatment you received must be “curative” in nature for your expenses to be covered. You do not, however, have to go to a “company doctor.” You can choose a physician you trust to assist you in your medical decision-making.

If you have been injured as the member of a crew of a vessel in navigation or while working offshore, you may qualify for Maintenance and Cure benefits. Contact the experienced Maintenance and Cure Lawyers of Schechter, McElwee, Shaffer & Harris, L.L.P. by email at info@smslegal.com or by phone at (800) 836-5830.

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Board Certified Attorneys

We are maritime injury attorneys that have recovered millions for our injured clients. We have always been a strong advocate for maritime personal injury victims and the families of those who are killed while working in service of a vessel or under the Jones Act law. Our concern is for the safety of those involved and helping their families find out the whereabouts and conditions of their loved ones.

These are some of the diverse groups of injured workers we have represented:

  • Jones Act seamen
  • Workers on oil rigs, offshore platforms and jack-up rigs
  • Crews and workers on barges, supply boats, tankers, freighters and other vessels

The list is by no means comprehensive. If you are unsure whether you qualify as a Jones Act seamen or whether you might be covered by other maritime regulations, it’s vital that you contact our maritime lawyers today to learn about your rights.

We have represented workers and their families in the following disasters:

  • Deepwater Horizon Disaster
  • M/V Jillian Morrison Explosion
  • Bouchard Transportation Co. Inc. Barge B No. 125 Explosion
  • British Petroleum Texas City Refinery Explosion
  • Phillips 66 Refinery Explosion

The team of Jones Act attorneys and maritime lawyers at SMSH have over 100 years of combined trial experience. Contact our Jones Act lawyers today for a free, confidential case evaluation.

Why Hire the Worldwide Jones Act, Offshore & Maritime Injury Lawyers at Schechter, McElwee, Shaffer and Harris?

The Jones Act and maritime injury lawyers at Schechter, McElwee, Shaffer and Harris have spent more than five decades representing seamen, longshoremen and other maritime workers, and recovered millions of dollars for our clients. SMSH has always been a strong advocate for maritime personal injury victims and the families of those who are killed while working in service of a vessel. Our concern is for the safety of those involved and helping their families find out the whereabouts and conditions of their loved ones, as well as recovering the compensation they are entitled to for injuries, medical bills and other damages.

Here are some of the reasons why thousands of injured maritime workers have chosen Schechter, McElwee, Shaffer and Harris to represent their interests:

  • We have recovered over $620 million dollars for offshore and maritime workers, including recovery of $17.5 million in the largest Jones Act settlement ever paid by the United States government.
  • Each of our Jones Act attorneys and maritime injury lawyers has more than 25 years of experience, with total of more than 100 years of trial experience for the team.
  • Our maritime injury lawyers have represented clients in some of the nation’s worst maritime and refinery disasters, including: the Deepwater Horizon explosion; the M/V Jillian Morrison explosion; the Bouchard Transportation Co. Inc. Barge B No. 125 explosion; the British Petroleum Texas City Refinery explosion; and the Phillips 66 Refinery explosion.
  • As dedicated maritime injury and Jones Act attorneys, we understand the financial difficulties that families often face when a loved one is injured and unable to work. Schechter, McElwee, Shaffer and Harris offers interest free loans to assist our clients with day-to-day living expenses while waiting for the conclusion of their case.
  • Our attorneys provide assistance to maritime, offshore and port workers across the United States.
  • We have board certified Personal Injury Trial lawyers.
 

The Maritime Attorney Difference

Maritime and offshore accidents fall under a different set of laws than other personal injury or workers’ compensation claims. There are specific maritime laws that govern claims, including the Jones Act, the Longshoremen and Harbor Workers’ Compensation Act and general maritime laws. To receive the full protections these laws offer, it’s crucial to have an attorney who understands the complexities of each. If you’ve been injured while working on a vessel, offshore or in one of the nation’s many ports, contact the Jones Act attorneys at Schechter, McElwee, Shaffer and Harris today for a free consultation.
Our experienced offshore injury lawyers have handled cases throughout the Gulf of Mexico coastal region of Texas, Louisiana, Mississippi, Alabama and Florida, and represented clients from all 50 states of the United States. We have years of experience representing the crew working on inland waters such as the Mississippi River, Ohio River, Kentucky River, the Great Lakes, Lake Michigan, Lake Superior, Lake Huron, and many more. We have also handled cases worldwide in countries as far away as the Ukraine and Israel. We routinely represent clients from the Central American countries of Honduras, El Salvador, and Nicaragua. We have also made claims for clients from Columbia, Venezuela, Bangladesh, The Philippines, Romania, Croatia, England, Ireland, Spain, The Netherlands, Russia, China, Mexico, and Brazil.

Time is of the Essence

If you or a member of your family has been seriously injured or killed as the result of an offshore accident, please speak to a qualified maritime lawyer before talking to your employer or any insurance company or adjuster. If you work on a vessel, boat, barge, tanker, fishing boat, an offshore drilling rig or platform, or any other kind of ship, you may qualify for Jones Act compensation. Working in, on, or near water means you need the specially-trained legal assistance of the Board Certified maritime lawyers of Schechter, McElwee, Shaffer & Harris, L.L.P.

A few small tidbits of advice for the injured offshore worker:

  1. Fill out an accident report or incident paperwork as soon as possible after your injury.
  2. If your employer gives you any paperwork to sign, have it reviewed by a competent maritime lawyer so you don’t waive your rights to more money.
  3. Do not give a recorded statement to anyone without first seeking legal counsel.
  4. Do not accept the word of a company doctor as to the extent of your injuries, seek out your own doctor for a second-opinion.
We are Worldwide Jones Act attorneys and Maritime lawyers with over 100 years combined experience in Maritime Personal Injury Cases and we have handled thousands of cases. Your initial consultation for your maritime accident case is FREE. You pay us nothing unless we win your case and get you money. Call a maritime lawyer NOW at 1-800-836-5830 or e-mail us at info@smslegal.com.

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Recent Successful Cases

$17.5 Million in Jones Act Deckhand Case

 

In March 2008, our client was employed as a deckhand in a shipyard. He suffered a head injury.

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$2.5 Million Recovered in Jones Act Case

 

While on stern of tug attempting to hook up a barge, the “L” line became tight, broke, hit our client,

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$1.6 Million Recovered for Offshore Workers

 

On April 20, 2007, while working as blasters, painting an offshore rig on a platform, our two clients injured

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