Injuries are often costly and cause expenses to pile up . Fortunately, seamen have a right to maintenance and cure. Maintenance is payments seamen receive to hide their living expenses after an injury or illness. Cure is, love it sounds the medical costs of recovering from your illness or injuries. Unfortunately, many maritime employers in New Orleans and other ports seek to deny their employees this payment along side funds they owe their employees after the worker has been injured on the work .
New Orleans Seamen’s Right to Maintenance
“Maintenance” refers to the daily living expenses that a seaman incurs. It covers basics like food and shelter. These might sound simple, but it are often very difficult to urge by if you’re injured and can’t work. Your right to maintenance continues until you’ve got reached maximum cure, or until you’re deemed fit return to figure .
Maintenance is analogous to workers’ compensation. Seamen are usually ineligible for workers’ comp claims, but have a right to maintenance.
Maintenance payments depend upon the actual circumstances of the sailor, and may depend upon where you reside . Typically, maintenance payments come to about $35 to $55 per day in New Orleans — even in areas with high cost of living. Clearly, this is often a coffee amount.
An experienced maintenance and cure attorney in New Orleans and sarounding area can address the matter of this low amount either directly together with your employer or through the civil recovery process.
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New Orleans Sailors’ Right to Cure
Medical bills are to be covered by your right to cure. If you’re injured, you’ll incur extensive medical bills. you’ll have hospital bills, doctor’s bills, surgery, medication, physiotherapy , massage, work hardening, diagnostic testing, ambulance bills and more. If your New Orleans employer fails to supply appropriate maintenance and cure, problems could worsen, resulting in greater medical problems, also as pain and suffering.
Under your right to cure, your employer is meant to buy all of your reasonable and necessary medical bills if you’re a seamen who becomes injured or ill while working within the service of a vessel. you furthermore may have a right to pick your own doctor, so you’ll seek someone you recognize are going to be searching for your best interests, medically. Beware if your employer seeks to refer you to someone — that person could be searching for the company’s bottom line.
Maintenance and Cure Claims in Maritime Courts
All seamen have the proper to maintenance and cure if they become ill or injured while working within the service of a vessel, albeit the injury occurs shoreside. This right not only includes instances of injury caused by someone else’s negligence or the vessel’s unseaworthiness, but also instances of injury if nobody was guilty , or maybe if you were guilty .
With such a broad right, you’d think that employers would make these payments. However, many employers either seek to avoid paying by delaying or denying the payments or paying a lower amount than they ought to . they’ll seek to say your injury or illness was thanks to an undisclosed pre-existing condition. they’ll say you would like to ascertain a second opinion from a corporation doctor, which doctor may say your medical aid isn’t warranted.
A Seattle maritime personal injury lawyer can assist you recover the quantity you’re owed. Usually, your maintenance and cure claim are going to be filed along side a Jones Act claim for negligence and unseaworthiness in order that you’ll be compensated for everything you’re due. In some cases when the employer is wantonly and willfully withholding maintenance and cure, exemplary damages may even be available. When it’s shown that the employer unreasonably denied your maintenance and cure, compensation for attorney’s fees is additionally generally available.
Right to Cure Attorney in New Orleans
If you’re a seaman who has been injured on the job, you are owed maintenance and cure regardless of who is at fault for the injury. The experienced maintenance and cure lawyers can help you win the full amount you are owed, for maintenance and cure and any other claim. Get in Contact Today.