Jones Act Lawyers

Seeking damages for past and future medical expenses: Some things you should know

When you are injured on the job sometimes your recovery is not a quick process. Seeking damages for past and future medical bills may be necessary if your injury causes a long term medical condition that will require many trips to the doctor. Future medical expenses are provided for in Jones Act claims, but they are not the same benefits as those given in Longshore and Harbor Workers Compensation Act and Workers Compensation claims. Jones Act future medical expenses are included in the final settlement, which means that when a settlement is reached for your claim that is the end of all money and benefits that you be able to receive. This is different from Longshore compensation and Workers compensation since the future medical expenses in those types of claims are ongoing.

Once Maximum Medical Improvement has been reached, a seaman loses his right to cure (medical benefits) according to the Jones Act. Once the case is settled, any future medical expenses fall on the shoulders of the seaman. Knowing this, seaman should not settle for any amount that will not provide for their future medical expenses. It is important to include all medical expenses in this amount such as doctor fees, medications, and medical supplies and equipment. In a Jones Act settlement, considering the cost of all of these items will help a seaman to ensure his future medical expenses will be covered.

Under the Jones Act, if a seaman would like to request future medical benefits in the settlement, there are several things he must provide. First, a document from the physician that is treating the injured seaman must be provided to prove that the seaman will require future medical treatments. Second, a financial professional needs to be consulted to accurately predict the cost of any future medical expenses and convert them into present day amounts. The Jones Act does not usually provide for ongoing medical expenses after the settlement, so these two pieces of documentation will raise a seaman's chances in having all future medical expenses covered should his injuries require extensive medical treatment.

If you or someone you love has been injured while working at sea, you have legal options to protect your rights. Consult an experienced Jones Act Lawyer at Williams Kherkher today to set up a free initial consultation.