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FREQUENTLY ASKED QUESTIONS

Q. I got hurt on the boat and can't work. Is the company only required to pay me $15.00 a day?

A. No. Under the doctrine of maintenance and cure, you are entitled to the actual cost of your necessary living expenses on a daily basis. This includes items such as your mortgage or rent payment, utility bills (such as electric, gas, water, etc.), and food expenses. Most employers have been getting away with paying injured employees $15.00 a day for the last 20 years. We have gone to court and secured maintenance payments far in excess of $15.00 a day for other crewmembers.

Q. I got hurt at work. How long do I have to pursue a claim?

A. Generally, the statute of limitations for claims under the Jones Act and General Maritime Law is three (3) years from the date of injury. However, in some cases, where an injury or illness is difficult to discover, the statute of limitations can be extended to three (3) years from the date the person discovered or should have discovered the injury or illness.

Q. I've heard that since I work on the river my wages can't be garnished. Is this true?

A. Actually, yes. A federal statute prohibits creditors from garnishing seamen's wages. However, there is an exception for child support and spousal support. In other words, your check can be garnished for child support and alimony payments.

Q. Is my employer allowed to work me more than 8 hours a day without paying overtime?

A. Unfortunately, yes. There is a statutory exception to the federal overtime laws that allows employers to work rivermen more than 8 hours a day without payment of overtime.

For more info on the Jones Act and Maritime Law, click here.

 

The Rivermen's Legal Network is the trade name given to legal services provided by
lawyers of O'Bryan Baun Karamanian, as described herein.