The Offshore Injury Lawyers at The Voss Law Firm Want to Know if Your Offshore Employer is Cheating You

Under federal law, you’re protected in the event of a maritime injury. Whether your injury makes you eligible to file a Jones Act claim, whether you’re eligible for the Longshore and Harbor Workers’ Compensation Act, or whether your injury simply falls under general maritime law, you have a few important rights that some maritime employers refuse to honor. If your employer isn’t honoring your rights, you should seek experienced legal help.

You have a right to medical care
If you’ve been injured in a maritime accident, you have a right to receive medical care. In most cases, your employer is required to pay reasonable costs for your medical treatment resulting from a maritime accident. Your employer can’t require your health insurance to pay, and your employer can’t require you to see a specific physician. Some employers try to get out of paying for medical costs, or trick their injured maritime workers into seeing a company doctor. If your employer has done this, you should consult legal counsel.

You have a right to maintenance payments or temporary compensation
Depending on the circumstances of your injury, you most likely have the right to maintenance payments or temporary compensation while you’re injured and unable to work. Under Jones Act law, you have a right to maintenance payments. Under the Longshore and Harbor Workers’ Compensation Act, you have a right to receive temporary compensation benefits, typically at 2/3 of your average weekly wage. If you’re not receiving maintenance payments or temporary compensation, your employer may be cheating you.

If your employer is cheating you, you may receive punitive damages
If your employer is refusing to pay the benefits you’re owed, you may be eligible to receive punitive damages against the employer. In the case Atlantic Sounding Co., Inc v. Edgar Townsend, the Supreme Court ruled that an injured seaman would receive punitive damages because his employer wouldn’t pay maintenance and cure.

If your employer is failing to honor your rights under maritime law, you should consult an experienced maritime attorney. You may have several avenues of recourse, and a good maritime lawyer can make sure you’re getting the medical care and other payments you’re legally entitled to receive.