Under maritime laws like the Jones Act or maintenance and cure, injured maritime workers are usually entitled to financial compensation to cover their injuries and living expenses while they recover. However, some maritime employers refuse to pay their workers what they are owed, causing financial and physical hardships with long-term consequences.
What can you do if your maritime employer will not pay for maintenance and cure?
What Is Maintenance and Cure for Maritime Workers?
Maintenance and cure protection has long been a part of maritime law and requires that shipowners pay for reasonable medical expenses and living costs if workers are injured in service of that vessel. The payments should continue until the “seaman” can return to work or has reached “maximum medical improvement.”
These benefits of maritime employment are considered “no fault,” meaning that as long as you were injured in the course of your duties, you should not be denied payments, no matter how the accident happened or who was at fault.
Can Maintenance and Cure Claims Be Denied?
Maritime employers have a duty to pay maintenance and cure, which is considered “virtually automatic” by maritime courts. The primary duty of the injured worker is only to establish that their injury occurred, was aggravated by, or manifested itself while they were in service of the vessel.
When shipowners make attempts to deny maintenance and cure to their workers, they will usually claim that the worker is not covered by maintenance and cure because:
- They did not work in service to the vessel at least 30% of the time.
- They failed to disclose a pre-existing medical condition.
- Company doctors are willing to say the injury is not serious or had other causes.
- They are reported to have reached maximum medical improvement when further treatments might still improve their outcome.
When Employers Simply Refuse to Pay
If you were injured in the service of a vessel, you are entitled to maintenance and cure protections, and you may need to consult with a maintenance and cure lawyer to protect your rights. There may even be additional penalties or punitive damages imposed by the court if it can be shown that your maritime employer willfully, arbitrarily, or capriciously refused to pay the benefits they are aware that they owe you.
What Should You Do if Your Employer Refuses to Pay Maintenance and Cure?
Because of the inherent dangers of working in the maritime industry, especially at sea on a ship, ferry, tugboat, or drilling platform, these protections for injured workers are well established and clearly owed in most cases. Sound legal advice from a team experienced with maritime law can help you hold your employer accountable for the compensation you deserve.
If negligence was a factor, the Jones Act may provide you additional rights to compensation for your injuries and, even if you are not covered under maintenance and cure, other federal legislation protects harbor and dock workers as well. You should not go without the equivalent of workers’ compensation and have to bear the impacts of your work-related injury yourself.
How Can a Maintenance and Cure Attorney Help?
Here’s how an experienced maritime attorney can help you with maintenance and cure denials:
- Contact your employer for you and demand immediate payments.
- Assess the amounts you are being paid and make sure you are receiving the compensation you deserve.
- Gather evidence to counter employer claims and support your status as a seaman under the law.
- Demand payment for past benefits you may have missed and accurately calculate how much maintenance and cure is past due.
- Review your situation and identify any other legal avenues available that might provide you or your family with additional financial compensation.
Taking Action to Protect Your Right to Maintenance and Cure
Taking advantage of injured workers who put their safety at risk in service of a vessel is a profound insult to these hard-working individuals and their families. At Schechter, Shaffer & Harris, L.L.P.––Maintenance and Cure––we understand the rights of maritime workers and are committed to upholding your rights to fair compensation for your injuries.
We offer free consultations and case reviews for injured maritime workers and the families of those lost at sea. In a confidential and compassionate environment, you can find out more about your rights under maritime law and how much you might be owed to cover treatment, therapy, and lost wages resulting from your accident.
Time is of the essence when you are recovering from an accident. If you have been denied maintenance and cure or are unsure if you qualify, contact us today to find out more about what benefits and legal protections might help you manage your daily expenses and medical care until you have fully recovered.
