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The Turley & Mara Law Firm, APLC

Maintenance and Cure For Jones Act Seaman: How Much Should My Maintenance Rate Be?

“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley

My Best Advice

When handling your Jones Act Case, you must always tell the truth. Nothing is more important then your credibility. If a judge assumes you are being dishonest, your case will be thrown out and you will be left with nothing. I have seen it happen to many people.

My Next Best Advice

Take the proper steps now, and do your research. Order my free book, Win your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [even before you hire a lawyer]. 

This book is loaded with TONS of information on winning your Jones Act Case. 

Need Help Today?

Call (619) 234-2833

Maintenance & Cure Jones Act Seaman: What Should My Rate Be?

"Maintenance rate" refers to the daily allowance Jones Act Seamen receive after you are injured or become ill and while you are not fit for duty and are receiving medical treatment for your injuries. When you finish active treatment it is usually called reaching "maximum medical improvement.”

How To Calculate My  Daily maintenance Rate

You can calculate your expenses by adding up your monthly money you spend on rent/mortgage, utilities, food, insurance, etc. (i.e., monthly expenses). Then divide this figure by the days in the month. As long as this is reasonable for your area - - this is your daily maintenance rate.

Proof For Court

You should document all of your monthly maintenance expenses. This will be your proof in court.

If you provide this proof to your employer and they don’t raise your maintenance rate you may also be entitled to punitive damages.

Cure

“Cure” is your employer’s obligation to provide you medical treatment, hospitalization, therapy, rehabilitation, surgery, prescription medication, nursing services, prosthetic, modalities, transportation to your medical appointments and/or medical services.

You have the right to  receive medical treatment.  You are entitled to the doctor of your choosing.

It Doesn’t Matter If Your Injuries or Illness Is Related To The Vessel

You are entitled to maintenance and cure whether or not your injury is related to the vessel. For example, if you got some rare disease that has nothing to do with your work on the vessel while you were working on the vessel - you are still entitled to maintenance and cure.

If your employer doesn’t provide you with cure - you may be entitled to punitive damages.

A word to the wise

The Jones Act Insurance adjusters will try and engage you in an informal conversation in an effort to relax you and get as many details about the accident as possible.  They will try and get you to make “admissions” as to certain issues in the case. Once they write something in your file, it almost becomes gospel.  One innocent answer can send your Jones Act case into a tailspin.

All you need to do is provide the basic information about how you were injured and what medical treatment you may need.  Anything else can and will be used against you in a court of law.  Depend on it.

Be nice and polite - - but do not chit chat.  What seems like chit chat to you, may undermine your entire case.

You do not need to provide details about your work, such as income, schedule or details of what you do at your job.

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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