Why Having a Houston Attorney Secure Your Maintenance and Cure Coverage Matters After an Offshore Injury
Maritime law offers unique protections for people who suffer injuries on the job. Known as maintenance and cure benefits, this coverage helps ease the financial burden of an offshore injury or illness. Terry & Thweatt, P.C. helps injured maritime workers in Texas understand their rights regarding maintenance and cure, their eligibility, and why it's important to have experienced legal representation to pursue the benefits you deserve.
The Importance of Maintenance and Cure
Maintenance and cure benefits provide peace of mind because they help with financial stability while you can’t work, preventing you from falling behind on bills or going into debt. They also ensure that you don't have to pay for treatment of a workplace-related injury. This is a huge relief if you’re consumed by extensive medical bills. Let’s take a closer look. 
What Is Maintenance?
Maintenance refers to the financial assistance provided to cover your basic living expenses while recovering from a work-related injury or illness. This can include essential costs like:
- Food
- Rent
- Utilities
- Basic transportation (if necessary)
The goal is for you to maintain a roof over your head and to have your basic needs met while your ability to earn a living is temporarily compromised.
What Is Cure?
Cure focuses on your medical needs. It covers the expenses associated with your recovery, including:
- Doctor visits
- Hospital stays
- Medications
- Rehabilitation
- Any other necessary medical treatment
Cure ensures you receive the proper care to heal and hopefully return to work at full capacity.
Imagine maintenance and cure as two sides of the same coin. Together, they’re designed to help ensure that if you’re injured on a maritime vessel, you have the opportunity to focus on recovering without having to worry about financial hardship. The security of knowing your basic needs are taken care of significantly reduces stress and anxiety, which can further promote healing.
Understanding Your Maintenance and Cure Eligibility Requirements
Not everyone working at sea qualifies for these benefits. Maintenance and cure eligibility requires you to be considered a "seaman" or offshore worker under maritime law. A seaman in this regard typically applies to individuals working on offshore drilling rigs and other vessels in navigable waters.
The specific job title is less important than the nature of your work. You must have direct involvement in the operation or maintenance of a vessel to qualify.
There are some eligibility exceptions that could disqualify you for maintenance and cure, such as:
- Willfully concealing a pre-existing medical condition that contributed to your current illness or injury.
- Failing to disclose a pre-existing injury or disability during a pre-employment medical examination (if required).
- Your injury resulted from intoxication or gross negligence on your part.
Consulting with a Texas maritime lawyer at Terry & Thweatt, P.C. is important to determine your specific eligibility requirements and to outline any potential or unforeseen challenges. We’ll also review how filing a claim under the Jones Act or the Longshore and Harbor Workers Compensation Act—both of which function as financial protection for sea-faring employees as workers’ compensation does for those injured on land—may be additional options to cover costs associated with your job-related injury.
How Terry & Thweatt Help You With Maintenance and Cure Benefits
The first step following any serious workplace injury is to seek medical attention. You have to take care of your injuries, especially grievous ones, before anything else. You’ll also need to file an injury report with your employer as soon as possible, the company or its insurance provider typically pays maintenance and cure benefits.
Prepare for a possible maritime lawsuit as soon as you’re able. Document everything that occurred from what you were doing prior to, during, and after the injury. Evidence is crucial to your claims. Don’t presume that your employer has your best interest at heart. They run a business and, as such, will look to save as much money as possible. Their insurer might attempt to downplay your injuries and your benefit eligibility—we help you fight back with a valid claim that can be supported with solid evidence.
Evidence may be difficult to come by in the middle of the accident, and things can be forgotten. When you partner with us, we’ll make sure you’re aware of all your rights and legal options. We’ll also help you with the claims process, and negotiate with your employer or its insurer to secure the full benefits you’re entitled to receive. A qualified maritime lawyer from Terry & Thweatt, P.C. can be your strongest advocate during this challenging time. As one client put it, we “go over in detail, step by step, the specifics of the case…I’m very pleased with the results.”