www.offshoreduffelbaglaw.com j oseph e. “j ed ” c ain, e sq. (504) 581-4892 jcain @ hhklawfirm....

5 Tips To Getting

The Maintenance &

Cure You Deserve

www.OffshoreDuffelBagLaw.com

JOSEPH E. “JED” CAIN, ESQ.(504) [email protected]

Many injured offshore workers are worried about how they’ll pay for their medical expenses and support their families after a serious accident. “Maintenance and cure” is an ancient duty imposed upon offshore companies to provide food, lodging, and necessary medical care to workers who become ill or injured during their service to a vessel. An injured worker is entitled to “maintenance and cure” regardless of fault. In other words, he does not have to prove that his company was at fault for his injury in order to recover the benefits. He must only prove that his injury occurred while he was in service to the vessel. • What Is Maintenance? “Maintenance” is defined as the amount it costs an injured seaman to maintain himself on land as his offshore company did at sea. It is basically the cost of an injured seaman’s monthly bills during the time that he is injured. Many offshore companies calculate an arbitrary daily rate (usually $20-$30) of “maintenance” after seamen is injured. The daily rate selected by the company is not based on the law. It is just a rate that the company has decided to pay. In order to secure a fair “maintenance” amount, you should submit a list of your monthly expenses to your company along with supporting documentation. • What Is Cure? “Cure” basically refers to the obligation of the offshore company to pay all medical costs associated with a seaman’s injury. A company is obligated to pay these medical costs until the injured worker has reached maximum medical improvement (MMI). An injured worker is considered to have reached MMI when a doctor concludes that further treatment will not improve the worker’s condition. • What If A Company Refuses To Pay Maintenance & Cure? In short, that company could be in a whole lot of trouble. A court could award the injured worker attorneys’ fees if it determines that the company was unreasonable in failing to pay the benefits and forcing the worker to file a lawsuit. If the court determines that the company was both unreasonable and arbitrary in failing to pay the benefits, the court could award additional damages if the worker’s condition got worse because the company failed to pay.

Understanding Maintenance &

Cure


1. Get Your Own Doctor. Don’t get suckered into going to the doctor that your company sends you to. “Company doctors” are beholden to the company. You are only entitled to maintenance and cure until a doctor says you have reached maximum medical improvement (MMI). That is why your offshore company wants you to see their doctor. So that the “company doctor” can provide you with minimal treatment and declare you fully healed. It saves your company money. Don’t fall into the trap. You have the right to choose your own doctor.

2. Don’t Be A Tough Guy.Offshore workers are tough. You deal with aches and pains on a daily basis. You just tough it out and go about your business. But that’s not a very smart approach after an accident. The pain you’re feeling could be a symptom of a very serious internal injury that could get progressively worse if not treated properly. The only way that your doctor can properly diagnose and treat you is if you are completely honest about your pain. Now is not the time to be a tough guy. 3. Insist On Medical Answers.Once a doctor declares that you’ve reached maximum medical improvement (MMI) your maintenance and cure benefits stop. If you continue to experience pain despite the treatment being provided by your doctor, you may need to politely request additional testing or even a second opinion. You need to work with a doctor that will get to the bottom of your pain and injury through testing such as MRI’s and nerve conduction studies. Don’t accept anything less.

4. Go On The Offensive. Turn In Your Maintenance Documents.Maintenance is basically the monthly amount that it takes to pay your bills while you’re hurt. In order to properly calculate your maintenance rate, your company needs documentation of your monthly bills. Some companies will set an arbitrary rate of $20 per day. This amount has no basis in reality. But companies use it to try and low ball injured workers. When challenged as to why they didn’t pay more, the companies respond that they never received any information from the worker about the actual amount of their monthly bills. Don’t fall victim to this trap. Use the spreadsheet attached to this article and put your company on notice of your monthly expenses. 5. Be Persistent. Demand A Written Response From Your Company.After turning in the attached spreadsheet with documentation of each of your claimed monthly bills, demand in writing that your company explain in writing how they calculated the amount that they are paying you in maintenance. If they ignore you, be persistent. Send the company a letter a week asking for this explanation. Do this until the company responds. Keep a copy of all of the letters you send and any response you receive. Stay after them. Your family’s well-being depends upon it.

5 Tips To Getting The Maintenance & Cure You

Deserve


Monthly ExpensesType of Expense Monthly Cost Supporting

DocumentsMortgage/Rent $ Utilities (Elec., gas, etc.) $ Insurance (Home, auto, etc.)

$

Loans (Car, student, credit)

$

Food $ Gas $ Other $ • Send your company this type of detailed spreadsheet itemizing your monthly

expenses. • For each amount claimed, send a supporting document and list it on the spreadsheet.

For the mortgage expense, send the prior month’s mortgage statement showing the amount paid. For utilities, send the last month’s bill for your electricity, gas, water, cable, etc. For food and gas, send the last month’s bank statement showing debit account payments to grocery stores and gas stations. Black out all other entries from your bank statement.

• The important thing is that you do everything that you can to provide your company

with as much information as possible so that they cannot later claim that they did not fully understand your monthly expenses.

• When you send these documents, send a cover letter to your company advising

them that if you do not receive the amount claimed per month, you will incur a financial hardship.

• In your cover letter, request that your company advise you in writing how much

they will be paying you for maintenance. Request that the company explain in writing how the amount being paid was calculated if it is different than the amount you claim.
