Contributory negligence is a concept used to determine the extent to which people contributed to their personal injuries during an accident. It evaluates the degree which plaintiffs could have been partially or entirely at fault for their own injuries. Based on this finding, it could affect the outcome of personal injury lawsuits.
However, in regards to maintenance and cure claims, contributory negligence is irrelevant to claim benefits. These benefits are available to any seaman who is injured while on the job, even if the person was at fault for the accident.
The maintenance part of maintenance and cure is to help pay for basic living expenses until the worker is cleared by a physician to return to work. Expenses related to housing, food, basic utilities, insurance coverage for the home, and property taxes are covered. The cure part of maintenance and cure helps pay for medical expenses until such time the worker is recovered and able to return to work.
Employers cannot refuse to pay benefits under maintenance and cure simply because they believe the worker was at fault for the accident. Should an employer refuse to pay benefits, then the injured worker can sue them for their benefits with help from our maritime accident lawyers.
The only time contributory negligence would become a factor is if the injured worker had grounds for additional recovery under the Jones Act. The Jones Act allows injured workers to sue their employers or the responsible parties. Lawsuits look at the extent the employer contributed to the worker’s injuries.
Proving negligence under the Jones Act is not as difficult as it is in other personal injury cases. For instance, not providing the proper safety and personal protective equipment required for the job could be sufficient enough to prove the employer was negligent.
If you were injured while on the job and your employer is refusing to pay benefits, please feel free to contact Maintenance and Cure, a part of Schechter, Shaffer, & Harris, L.L.P., at 1-800-836-5830 for a free consultation with one of our maritime lawyers today!
