Jones Act Attorney Straight Talk: How Do I Raise My Maintenance Rate?

My Jones Act Maintenance Rate Is Too Low.

One of the most important questions for seriously injured Jones Act Seaman is how to raise their daily maintenance rate. We are Jones Act Lawyers. We know we hear this question a lot when seaman first call us following a serious injury. In this article, we explain what you will need to prove in order to raise your daily maintenance rate. This is a good example where having the right Jones Act Attorney means all the difference in you being able to survive a serious Jones Act injury. If your lawyer can't explain these concepts to you, then you may need another Jones Act Lawyer.

What Is a Daily Maintenance Rate?

"Maintenance rate" refers to the daily rate of money you receive while you are not fit for duty and are you receiving medical treatment for your injuries. When you complete your active treatment it is usually called reaching "maximum medical improvement". If you are working under a Union contract, that contract sometimes states the maintenance rate you are entitled to. If not, then you are entitled to maintenance based upon your actual expenses.

How to I Calculate My Daily Maintenance Rate?

You calculate your expenses by adding up your monthly money you spend on everything you need to survive. For example, rent/ mortgage, food, utilities, insurance, etc. (i.e., monthly expenses). Then you divide this figure by the days in the month. If this is a reasonable figure for your locality, then this is your daily maintenance rate in most Circuits.

This is the law in the Ninth Circuit of Appeals. That is Jones Act Seaman working (or bringing) your case in California, Oregon, Washington, Alaska, Arizona, Idaho, Nevada, and Montana. The Ninth Circuit law is based upon case law from the the Fifth Circuit. Thus, this is also the law in Louisiana, Mississippi, and Texas. Most Circuits also follow this "actual expenses" method in order to determine your maintenance rate.

It's All About Proof

You are bringing a court case. What you need is proof. You need to get your "proof" together. Once you do, then you (read: your lawyer) are in a position to negotiate a higher maintenance rate. If your maintenance rate is not based upon your actual expenses and you are not documenting your monthly expenses - - then you are probably not doing everything you need to do in order to raise your daily maintenance rate.

We use a maintenance matrix to document monthy expenses in order to raise our clients maintenance rates. There are other ways to and help you and your family weather these tough economic times following a serious Jones Act injury. It's all about helping you get your life back.

Disclaimer:

This article is not legal advice. Your situation, circumstances and/or events may differ from those described herein. This article is simplistic in order to achieve clarity. As always, if you are a seriously injured Jones Act Seaman you need a seasoned Jones Act Lawyer. Finally, always tell the truth. If you are dishonest with the jury, you will lose. It really is that simple.