If you are working offshore and suffer an injury, you may be entitled to a variety of compensation types, which may include damages from the Jones Act, short-term disability benefits, cure and maintenance benefits, long-term disability benefits, workers’ compensation benefits, and social security disability benefits.
However, how are you supposed to determine which type of benefits you should try to obtain first, and how do you know if you are even entitled to them? What happens if you apply for one type of benefit and are denied? What do you do then? An experienced maritime law attorney can answer those questions and many more.
Disability Insurance and Your Employer
Your maritime employer may have disability insurance for employees. If they do, you need to get a copy of the disability policy from their human resources department. This will likely have separate information for short-term disability benefits and benefits for long-term disability.
These policies are generally complicated, but an attorney can help you understand what they mean and determine whether you are eligible for benefits. Short-term disability benefits are often much easier to obtain, but that is not always the case with long-term disability benefits.
What are Offset Provisions?
Many employer-related disability policies will have offset provisions that allow their insurance carrier to reduce the amount they have to pay out when an employee is getting additional income from other sources such as social security benefits, maintenance and cure, or workers’ compensation benefits. If you are receiving additional money from another source that is related to the same disability or injury, you should not plan on receiving the full amount of money from your disability policy.
Another big surprise for many Jones Act workers comes with their long-term benefits. They may receive these benefits while their lawsuit is pending, but then be ordered to repay those benefits from the settlement after their case is finalized. For this reason, you should be extra cautious when hiring your maritime lawyer. Your attorney needs to have an exceptional understanding of how these benefits will play out during and after your case.
Contact an Experienced Texas Maritime Law Attorney Today
Filing for any type of disability benefits or other types of maritime injury benefits when you are unable to work due to an injury can be extremely complex. A claim under the Jones Act may be able to provide you with the much needed financial resources you will need to be able to continue paying your monthly bills while you recover from your injuries. However, you need to understand that there are a variety of complex legal issues that could arise. That is why it is imperative that you contact an experienced maritime law attorney to discuss your claim just like you would any other maritime accident claim.
The sooner you consult with an attorney, the better, as there are time limits for filing such claims. The attorneys at Kolodny Law Firm will review the circumstances and facts regarding your particular situation and start taking steps immediately to ensure you get the compensation and benefits that you deserve. Contact us today to schedule a consultation.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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