Remedies
Under the Jones Act, workers are allowed to seek recovery for past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and one-hundred percent of their expenses. The seaman
status required by the Jones Act also enables the deckhands and roustabouts to receive the general maritime law remedies of maintenance and cure. These maritime remedies are positives for the workers, as they do not require a showing of fault. In any case, it is important that you have an experienced and knowledgeable Texas offshore injury attorney to ensure that you receive the most compensation possible.
Cure is where the employer is required to pay reasonable medical care related to all medical conditions that manifest while you are in service to the vessel until the time you reach your maximum medical cure.
Maintenance is received in addition to cure and is also required of the employer no matter who was at fault. The rule is that the employer must pay you what it would cost for you to live on land in the same manner you lived offshore in the Gulf of Mexico, Texas inland waterways, or even an offshore rig. This is generally an amount ranging between $15 - $30 dollars a day.
Many seamen who are injured and receive maintenance and cure payments are under the assumption that this is the Jones Act. Not true. The Jones Act requires a separate filing for recovery. The Jones Act allows workers to recover a potentially far greater monetary award than the traditional maritime remedies of maintenance and cure. Do not be satisfied with a $15-$30 dollars a day maintenance payment; speak with an experienced Texas maritime injury attorney about filing a Jones Act lawsuit.
<< back
The Jones Act and Maritime and Offshore injury law information offered by Gordon & Elias, LLP and contained herein, regarding Texas Jones Act and Texas Maritime and Offshore injury statutes and Texas Jones Act and Gulf of Mexico or Texas inland waterway claimants' rights is general in scope. No attorney client relationship with our Texas Jones Act and Texas Maritime injury lawyers or Texas Offshore injury attorneys is hereby formed nor is the injury information herein intended as formal legal advice. Please contact a Texas Jones Act and Texas Maritime injury attorney or Texas Offshore injury lawyer regarding your specific inquiry.
|
