Louisiana Injury at Sea Lawyers

Maintenance and Cure Claims Under the Jones Act

At Broussard & Hart, L.L.C., located as we are on the Gulf of Mexico, our lawyers frequently represent injured seamen in Jones Act claims. When a maritime worker suffers a serious injury at sea as a result of his or her employer's negligence, the Jones Act requires the employer to pay the worker's living expenses and medical bills (referred to in a settlement contract as "maintenance and cure") until the maritime worker is recovered.

It is extremely important, if you have suffered an injury covered under the Jones Act, to ask an experienced attorney to review your settlement contract before you sign it. If you would like to speak with a member of our Lake Charles firm, contact our office to arrange a free, confidential consultation. We work hard to see that our clients recover full compensation under the Jones Act for injuries at sea, including adequate maintenance and cure compensation.

Have you been denied maintenance and cure compensation?

A recent change U.S. Supreme Court decision gives greater power to injured maritime workers whose employers willfully refuse to provide compensation under the maintenance and cure provisions of federal maritime law. The U.S. Supreme Court ruled in 2009 that an injured maritime worker may seek punitive damages against an employer who willfully withholds maintenance and cure benefits.

An award of punitive damages means that the court orders the employer to pay the injured worker additional money beyond funds for living expenses and medical treatment. If your employer has denied or unreasonably delayed your maintenance and cure claim, we may be able to help you get punitive damages from your employer.

Cure: maximum medical improvement under the Jones Act

The "cure" part of maintenance and cure compensation means that you deserve to receive medical treatment until you are completely cured, or until no more improvement is likely. Based on evaluations by their own doctors, employers commonly claim that injured workers have reached maximum medical improvement. Employers make such claims even though other doctors might suggest further improvement is likely. Our attorneys work with medical experts and therapists to demonstrate that our clients are entitled to continuing treatment.

Maintenance: room and board during recovery

Under the Jones Act, if you were injured at sea or in the service of your vessel, you deserve to receive a reasonable living allowance during the course of your medical treatment. Your employer may attempt to limit you to an unreasonable daily allowance. Our attorneys will work to obtain maintenance compensation that allows you to live with dignity during your recovery.

When does the Jones Act apply?

A wide range of accidents are covered under the Jones Act, including vessel fires, capsizing, commercial boating accidents, boats run aground, drowning, and oil rig accidents. The first thing to establish is whether, under the Act, you were a seaman. Learn more about who is a seaman under the Jones Act.

Our firm serves clients in Jones Act and other maritime law claims throughout Southwest Louisiana. If you feel your injury or wrongful death claim might be covered by the Jones Act, we invite you to call 337-513-0288 (Toll Free: 888-391-5595) or e-mail our Calcasieu Parish office to arrange a free and confidential consultation with a Jones Act attorney. We will respond quickly to your inquiry.