What Every Injured Seaman Needs to Know About Their Rights Under the Jones Act
Under the Jones Act, injured seamen are entitled to maintenance and cure, one of the oldest and strongest protections in maritime law. Maintenance covers basic living expenses while you recover. Cure covers your medical treatment until you reach maximum medical improvement.
But even though these benefits are mandatory, many maritime employers try to delay, limit, or avoid paying maintenance and cure altogether. At Gilman & Allison, LLP, we regularly see companies use the same tactics — and we fight back to protect Texas seamen.
Below are the most common ways companies try to avoid paying injured seamen what the law requires.
1. Claiming Your Injury Was “Pre-Existing”
One of the oldest tricks in the book. Companies often pull old medical records or rely on minor prior aches to argue:
- “You were already hurt.”
- “This didn’t happen on the vessel.”
The truth:
If work aggravated a condition — even slightly — you are still entitled to maintenance and cure.
2. Forcing You to Use Company Doctors
Some employers push injured seamen to:
- Visit company-selected clinics
- Avoid independent specialists
- Sign medical forms they don’t understand
These clinics often downplay injuries or recommend minimal treatment.
Your right:
A seaman has the right to choose their own doctor — not the company’s preferred physician.
3. Stopping Payments Early by Claiming “Maximum Medical Improvement”
Companies frequently end payments early by saying you’ve reached MMI long before you actually have.
They do this to avoid:
- Surgery costs
- Physical therapy
- Long-term rehabilitation
But only a qualified physician — not the employer — can determine MMI.
4. Arguing You “Failed to Report the Injury on Time”
Companies often claim:
- You didn’t report the injury immediately
- You waited until after your hitch
- You finished your shift so you couldn’t be that injured
This is used to deny responsibility, even when the injury clearly happened on the vessel.
Reality:
Seamen often push through pain, and the law recognizes that.
5. Accusing You of “Misconduct” to Deny Benefits
Employers may claim:
- You violated a safety rule
- You were “reckless”
- You weren’t following instructions
They use this excuse to deny payments.
Important:
Even if you made a mistake or violated a rule, you are still entitled to maintenance and cure — unless the employer can prove willful misconduct (a very high standard).
6. Trying to Set Your Maintenance Rate Below What You Actually Need
Companies frequently try to pay extremely low maintenance rates — sometimes as low as $15–$30 per day, which is not realistic for living expenses in Texas.
You can often fight for a higher rate by showing:
- Rent
- Utilities
- Food
- Transportation
- Basic living costs
7. Offering Quick, Low Settlements Before You Know the Full Extent of Your Injuries
If your injury is serious, companies may try to get you to:
- Sign a release
- Accept a small check
- Give up your rights to future medical care
Never sign anything without legal counsel.
8. Delaying Payments Until You Give Up
Slow-paying maintenance and cure is a strategy meant to break you financially.
We see companies delay by claiming they need:
- More medical records
- More forms
- More internal review
These delays violate the spirit of maritime law.
Why Does This Happen?
Because once a company begins paying maintenance and cure, they know they may also be responsible for:
- Full medical treatment
- Lost wages
- Future medical needs
- Potential Jones Act liability if negligence is involved
They also know they could be punished if they unreasonably refuse payments.
In fact, a shipowner can be liable for punitive damages and attorneys’ fees for willfully refusing to pay.
Your Rights as an Injured Seaman Under the Jones Act
You may be entitled to:
- Full maintenance and cure
- Your choice of medical providers
- Lost wages
- Pain and suffering
- Punitive damages for wrongful refusal to pay
- Compensation for unseaworthy conditions
Maritime law is designed to protect seamen — but only if you assert your rights.
Gilman & Allison, LLP Fights Back When Companies Refuse Maintenance & Cure
Our maritime attorneys have real maritime backgrounds and deep experience handling Jones Act and unseaworthiness cases. We know the tactics vessel owners use — and we know how to stop them.
If your company is delaying, denying, or underpaying your maintenance and cure, call us immediately at (713) 224-6622 for a free consultation.
We hold Texas maritime employers accountable.