A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006 120 Stat. 1510; Pub. L. 110–181, div. C, title XXXV, § 3521(a), Jan. 28, 2008 122 Stat. 596.)
Refusal To Pay Medical Expenses
Refusal to Pay Medical Expenses
Information & What To Do
Under the Jones Act, employers are required to pay the medical expenses of seamen who suffer on-the-job injuries. If they refuse to pay the full amount or to pay at all, you can take action. In some cases, punitive damages are available in addition to the medical expenses you recover. An injured maritime worker has the right to maintenance and cure if he or she becomes ill or is injured on the job, regardless of fault. This right applies to all maritime accidents, whether they occur offshore or on vessels in navigable waters. Cure covers a worker’s necessary medical expenses. Employers that willfully refuse to pay these expenses can be held accountable for their actions. our expert lawyers team at Murphy Law Firm is ready to help, contact our experienced team of personal injury lawyers to fight for your rights.
“You are entitled to coverage of your work-related medical expenses. The Murphy Law Firm, LLC in Baton Rouge represents injured seamen who have maintenance and cure claims, Jones Act claims, and other claims against their employers. Our personal injury lawyers are committed to recovering the damages you deserve.”
-Attorney Peyton Murphy
Contact Murphy Law Firm.
Medical Benefits You are Entitled to Under the Law
The law, Cure, is meant to cover the costs for curative medical care. If you’re injured, you company needs to pay for the following medical expenses:
- Emergency transportation
- Surgery
- Lab and diagnostic test
- Out-of-pocket medical expenses
- Prescriptions
- Travel to doctor’s appointments
- Parking fees at clinics and hospitals
- Medical equipment
- Rehabilitative therapy
- Long-term care
- In-home care
One of the benefits of cure is that it allows injured workers to seek treatment from the doctors they choose instead of seeing a doctor chosen by their employer or its insurance company. Do not let your employer bully you into seeing a company doctor. Employers sometimes refuse certain medical expenses or may refuse the entire claim. In other cases, an employer may send the worker for an independent medical exam to the company doctor. This doctor may declare that the worker has reached maximum medical improvement and is able to return to work. However, this is not always true, and may be a way for the employer to terminate maintenance and cure payments. It is best to speak with a Jones Act lawyer if you have questions about your right to Cure benefits. Give us a call or stop by our office to speak with one of our expert personal injury attorneys in Baton Rouge to get the compensation you deserve!
Jones Act Laws in Louisiana
Title 46 of US Code §30104
46 US Code Title 46 – Shipping
Subtitle I—General (§§ 101 – 505)
Subtitle II—Vessels and Seamen (§§ 2101 – 15109)
Subtitle III—Maritime Liability (§§ 30101 – 31343)
Subtitle IV—Regulation of Ocean Shipping (§§ 40101 – 44106)
Subtitle V—Merchant Marine (§§ 50101 – 58109)
Subtitle VI—Clearance, Tonnage Taxes, and Duties (§§ 60101 – 60507)
Subtitle VII—Security and Drug Enforcement (§§ 70001 – 70508)
Subtitle VIII—Miscellaneous (§§ 80101 – 80509)
Discuss Your Case With An Skilled Medical Attorney Team
If you’re facing a refusal to pay medical expenses, Murphy Law Firm is here to help. We specialize in holding insurance companies accountable and fighting for the compensation you deserve. Whether it’s due to a defective medical device or another injury, our experienced attorneys are ready to assist. Call us today at (225) 623-4626 for a free consultation, or fill out the form below to get started on your case.
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