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Maritime Accidents: What Is Maintenance and Cure?

Maritime Accidents: What Is Maintenance and Cure | Undefeated Offshore Accident Attorneys

Undefeated Houston Maritime Lawyer

When you’ve been injured offshore or in a maritime accident, you deserve access to quality medical treatment, coverage for your expenses, and the peace of mind that your family will be taken care of as long as needed.

Under the Jones Act, seamen and offshore workers injured on the job have the right to receive maintenance and cure benefits from their employer. These benefits ensure that your medical care, lost wages, and living expenses are covered during your recovery.

Unfortunately, this does not guarantee that all maritime employers will do the right thing after you were hurt in their service. Employers and their insurers have one primary goal: to protect their bottom line. And they will stop at nothing to minimize your compensation and pressure you back to work before you’re fully healed.

That’s why you need the best team of undefeated maritime injury lawyers on the Gulf Coast to stand up, fight, and win for you after a serious offshore accident. At Zehl & Associates, we have taken on the largest offshore companies in the world and won Billions for injured oil and gas workers, seamen, and offshore workers in Texas, Louisiana, and across the U.S.  

Read on to learn more about your right to maintenance and cure under the Jones Act and how our legal team can protect your legal rights, recover the maximum compensation you deserve, and secure your family’s future.

What Is Maintenance and Cure?

Under the Jones Act (also known as the Merchant Marine Act of 1920), seamen who are injured while working at sea are entitled to maintenance and cure benefits. These benefits are designed to provide for your day-to-day living expenses and medical care while you recover.

  • Maintenance is the right to day-to-day living expenses, including rent, food, utilities, phone, and transportation. It ensures that while you are recovering from your injuries, you can continue to maintain your standard of living. This typically amounts to $30 to $40 per day and is paid weekly or bi-weekly.
  • Cure is the right to medical costs, covering all reasonable and necessary medical expenses related to your injury until you reach Maximum Medical Improvement (MMI)—the point at which further treatment is unlikely to improve your condition. An employer typically pays cure by taking care of medical bills directly as they come in.

Jones Act seaman are entitled to receive maintenance and cure benefits regardless of who was at fault for the accident. These rights exist to ensure you have the resources needed to focus on your recovery.

That being said, you also have the right to bring legal action over your injuries or illness, including through a Jones Act claim or Longshore and Harbor Worker’s Compensation Act claim. But you’ll need to act quickly to meet strict filing deadlines and hire an experienced offshore accident attorney to help you navigate the complexities of maritime law and to stop the company from taking advantage of you.

A Seaman’s Right to Medical Treatment

After an offshore accident, your company may promise to “take care of you” and will undoubtedly rush you to the company doctor of their choosing to treat your injuries and handle your recovery. But you should NEVER entrust your recovery to a company that prioritizes its profits over your health, well-being, and future.

You Have The Right to Choose Your Own Doctor 

Under the Jones Act, you are entitled to see the doctor of your choice. In fact, it’s crucial that you choose your own doctor rather than relying on one chosen or employed by your company. 

Your employer’s obligation to pay cure benefits ends when a doctor declares you fit for duty, even if you haven’t fully recovered.

If you allow the company to select your doctor, you risk being released back to work before you’re ready, which can not only jeopardize your health but also have devastating effects on your offshore injury claim and your maritime career

Choosing your own independent doctor ensures that your health is the top priority. A doctor you trust will provide an accurate assessment of your injuries and a tailored recovery plan, ensuring that you are not forced back to work before you’re truly ready.

You Have the Right to Fully Heal Before Returning to Work 

Maritime injuries are often severe and can have lasting or even permanent consequences, sometimes requiring extensive treatment and long-term care. Unfortunately, company doctors are known to prematurely declare that injured workers have reached Maximum Medical Improvement (MMI)—the point where further treatment is unlikely to improve your condition—all to minimize the employer’s costs.

You may also be pressured to return to “light duty” before you’re fully healed, which can undermine the seriousness of your injuries and harm your long-term recovery. Remember, MMI does not mean you are fully recovered!

Having a trusted, independent doctor is crucial to ensuring you receive the proper care and time needed to make a full recovery.

You Have the Right to Recover Full Compensation

Under maritime law, you have the right to seek full compensation for your injuries and your employer is obligated to cover your medical expenses until you are fully recovered.

However, maintenance and cure alone will never cover the mounting bills, lost wages, and emotional distress you and your family are facing. These benefits only cover basic living and medical costs—they never account pain and suffering, mental anguish, or your future medical needs. The only way to recover full compensation for all your injuries and losses, including lost wages, ongoing medical care, and non-economic damages such as depression and anxiety, is by hiring the best offshore accident lawyers you can find and pursuing a maritime injury lawsuit.

Additionally, if your employer is cutting corners on your treatment or pressuring you to return to work before you’re ready, you should contact an attorney immediately.

At Zehl & Associates, we are committed to ensuring that injured seamen and offshore workers receive the maximum compensation they deserve. We cannot be outworked, outmaneuvered or intimidated. We stand up to your employer and fight relentlessly to hold them FULLY accountable for every penny.

Don’t waitcontact us today to discuss your legal rights and explore your options. Our team will handle every aspect of your case, so you can focus on what matters most: your health and full recovery.

If you’ve already visited the company doctor, you might have heard that your injury is “not that bad” or that it will heal with some rest. But if you’re still in pain and being pushed to return to work, it’s crucial to seek a second opinion from a doctor of your choice. Under the Jones Act, your employer is required to cover your medical treatment, no matter which doctor you see.

Beware of the “Light Duty” Trap

Many employers try to entice injured workers back with promises of “light duty” work, assuring you that it’s an easy way to make money while you recover. But returning to work too soon can put your health and your legal rights at risk.

The Risks of Working “Light Duty”

  • Co-worker testimony: Your co-workers could testify that your injuries aren’t as serious as you claim, undermining your case.
  • Premature release from care: Your doctor may declare you ready to work before you’ve reached maximum medical improvement (MMI), leaving you without the care you need.
  • Damage to your Jones Act claim: If you return to work too early, a jury might think you don’t really need compensation for reduced earning capacity, or they may assume you can easily find another job with similar pay.
  • Risk of termination: Your employer could terminate you despite promises of light duty, leaving you injured and with limited options for future offshore employment.

Without a clear plan, you might unknowingly fall into a trap that can jeopardize your health, your job, and your future.

Don’t let your employer dictate your recovery. Contact our undefeated maritime accident lawyers for a free consultation at 1-888-603-3636. 

How Zehl & Associates Can Help if You Were Injured Offshore

When you’ve been injured offshore, your top priority should be your health and recovery. Our Houston Maritime Lawyers share that priority along with an unwavering commitment to our clients: We do whatever it takes to make sure you get the best medical treatment possible and receive the maximum compensation you deserve.

  • Our top-rated Jones Act injury attorneys have a network of top-rated doctors and specialists along the Gulf Coast, which allows us to set you up with the best medical treatment available at no up-front cost to you
  • Our support staff is available around the clock, 24/7, to answer questions and go above and beyond for your family, so you can focus on what matters most
  • We NEVER settle for less than maximum compensation and we prepare every case for trial. If the company refuses to offer a settlement that fully compensates our clients, we will see them in the courtroom, where we remain undefeated
  • Unless we are successful with your claim and recover money on your behalf, you don’t owe us a dime 

Our Recent Victories for Maritime Accident Victims

With decades of experience and Billions won, our maritime accident lawyers have the resources, skills, and experience to take on the largest maritime companies in the world and not only win, but set records

Don’t just take our word for it — hear what our clients have to say about working with us.

Undefeated Maritime Accident Lawyers: Call 1-888-603-3636 for a Free Consult

Having recovered the largest, record-setting verdicts and settlements for injured offshore workers across the Gulf Coast and the United States, our undefeated Texas maritime injury lawyers can help you fight for the full compensation you need and deserve.

Don’t take a chance with your future. Contact our Undefeated Maritime Lawyers for a free consultation at 1-888-603-3636 or by sending us a confidential email through our Contact Us form. 

Whether your claim falls under the Jones Act, DOHSA, or General Maritime Laws, we’ll answer your questions, explain your options, and make sure you have the information you need to do what’s best for you and your family. 

Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
29.73890263937774, -95.4612824423294
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Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
31.99827039117601, -102.07752974593966
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