The Jones Act entitles many offshore workers to maintenance and cure benefits when they get injured on the job. With only a couple of exceptions, companies are supposed to pay these benefits regardless of whether they are responsible for their employees’ injuries. Yet, maintenance and cure denials are common. Why is this the case? And, if your employer has denied your maintenance and cure claim, what are your options? 7 Reasons for Maintenance and Cure Denials Under the Jones Act Here are seven common reasons for maintenance and cure benefit denials: 1. Lack of “Seaman” Status To be eligible for maintenance and cure benefits, you must qualify as a “seaman” under the Jones Act. While many offshore and maritime workers qualify as seamen, some do not. If you are not a seaman, then you aren’t entitled to maintenance and cure, but you may have other legal rights. 2. Work Not In Service of the Vessel’s Mission Maintenance and cure benefits are only available to seamen who get injured while working in service of their vessel’s mission. While this is to be interpreted broadly, companies will often deny benefits when seamen fail to prove how and when they got injured. 3. Injury Not Work-Related Companies will also deny maintenance and cure benefits when injured seamen fail to prove that their injuries are work-related. The Jones Act does not cover all injuries that prevent seamen from working, but instead only those that seamen suffer on the job. Another common excuse companies use […]
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