When people get hurt at work, they usually have the option of filing a workers’ compensation claim. The state requires that employers carry workers’ compensation insurance for the protection of employees and the indemnification of the business.
Workers can’t sue the employer for work injuries, but they may be eligible for medical benefits or disability pay through workers’ compensation. Employers have to absorb the cost of coverage, but they protect themselves from lawsuits when workers get hurt or die on the job.
Things become significantly more complicated when work incidents involve offshore employment. Workers who perform their jobs on the ocean or on navigable waterways may not be eligible for workers’ compensation. What types of compensation can offshore workers seek?
The law allows requests for maintenance and cure
Professional fishermen, oil and gas employees and countless professionals working on the vessels operating on the ocean or on navigable waterways can end up injured on the job. They can also develop work-acquired medical conditions ranging from illnesses caused by chemical exposure to repetitive stress injuries that prevent them from doing their jobs.
Employees injured in maritime environments usually cannot pursue standard workers’ compensation coverage. Instead, they must file a lawsuit under the Jones Act. Also known as Section 27 of the Merchant Marine Act of 1920, the Jones Act is a federal statute that grants maritime workers protection for job-related medical challenges.
They can file lawsuits seeking compensation for their economic losses. Typically, Jones Act lawsuits request cure and maintenance. Cure refers to the medical care necessary to treat an injury, cure an illness and manage ongoing symptoms. Maintenance, on the other hand, is the equivalent of disability benefits. Maintenance replaces the lost wages or reduced earning potential generated by an offshore worker’s medical condition.
In scenarios where workers miss several months of work while undergoing treatment, maintenance and cure can cover their care costs and replace their lost wages. In scenarios where they must change professions, their claim for maintenance could also integrate the reduced earning potential they may face after receiving treatments. Small mistakes can have a major impact on the legal rights of workers who must take legal action to address maritime injuries.
Reviewing a situation – with a skilled legal team – that has left an offshore worker injured can help them pursue compensation through the most effective means possible. Workers who perform offshore jobs often need help seeking compensation for job-related medical issues, and that’s okay.