Although accidents can happen anywhere regardless of your occupation, offshore and maritime workers work in a relatively dangerous field. In case you’re injured in an accident at work, then you may be looking to file a claim for compensation. The settlement will be for the pain & suffering, medical bills incurred, wages lost and property damages. We’ll discuss a few things you ought to know if you have an ongoing maritime injury case including facts about maintenance and cure.
How the Maintenance and Cure Law Affect Your Case
When you file your lawsuit, the maintenance and cure law will influence the direction of your case. Here are two crucial facts that most people do not realize regarding the law;
The maintenance and cure law is no longer applicable if the physician has proven that your condition will not get any better. You have reached maximum care if you suffered permanently disabling injuries and the doctor has released you.
The law provides for punitive damages if your employer refuses to authorize the rightful medical treatment and proper monthly maintenance. You have the right to pursue the claim for the medical treatment and care through the court if your employer unreasonably refused to avail the payments. You’ll need to present the written communications you’ve been sending to the employer in court as evidence.
Negligence under the Jones Act Law
Maritime and offshore workers have a right, under the federal law named Jones Act, to sue their employer for the negligence when they sustain injuries due to maritime accidents. The act requires that the employer provides the seaman a reasonably safe place to work and maintain all the vessels in reasonably safe working condition. The seaman (plaintiff) has to prove that the employer’s (defendant’) negligence caused the accident.
What’s the Compensation for a Maritime Case?
Most often, injured offshore and maritime workers who’ve already filed or planning to file a lawsuit will wonder how the settlement will be. How much will they be compensated for the injuries, pain & suffering and damages due to the accident?
Just know that there’s no fixed figure as to how much you should be paid for maritime injuries. Why is that? Injuries vary in the magnitude, nature and the manner of occurrence meaning they cannot be treated equally. Besides, different laws apply when it comes to handling maritime injury claims involving seamen and offshore workers. As such, the laws covering the two groups will award varied levels of compensation and damages for each.
Are you a victim of maritime and offshore work injuries? Then you might be entitled to compensation for the injuries, pain & suffering and damages. Schechter, McElwee, Shaffer & Harris, L.L.P has experienced maritime and Jones Act attorneys who’ll represent you. For a free case evaluation, call 1-800-836-5830.