Maintenance and Cure provides monetary benefits for men and women who work on boats, barges, floating drilling rigs, and any other craft capable of transporting people or things across water, while working in the service of a vessel. The law is designed to protect you should you become ill or injured, regardless of whether the vessel is at sea or docked in a port, or whether the illness or injury happened on land or at sea.
Can I Claim Maintenance and Cure if My Employer Was Not at Fault?
Maintenance and Cure are owed to you regardless of who is responsible for your illness or injury. The only requirement, in order to file a claim, is that you were injured or became ill while in service of a vessel.
What Is Maintenance?
Maintenance is an amount of money paid to the employee while he or she recovers. It is an allowance meant to cover basic living expenses paid at a per-day rate. The amount of maintenance varies according to the expenses of the seaman, but should cover the costs of basic housing and food for the seaman, and the costs of transportation to and from medical care
What Is Cure?
Cure is compensation paid by the employer to cover all reasonable costs of treatment and medical expenses for the illness or injury.
How Long Do Maintenance and Cure Payments Last?
Maintenance and Cure payments only last until your doctor finds you have recovered and reached “maximum” cure. This means, in some cases, the worker may not necessarily be able to return to work or have fully recovered from the injuries. It simply means that the seaman has reached the point in recovery where further treatment will not improve the seaman’s condition.
Is There Any Recourse if I Cannot Return to Work?
The Jones Act Law and the General Maritime Law provide for further compensation for employees who have been injured while in service of a vessel and who can prove their employer was negligent or that the vessel was unsafe or unseaworthy. Filing a claim under the Jones Act or General Maritime Law is a separate process from filing a claim under Maintenance and Cure.
For assistance in filing a Maintenance and Cure claim, Jones Act claim, General Maritime Law claim, or for other questions regarding maritime laws, please feel free to contact the maritime and admiralty lawyers at Maintenance and Cure by calling 1-800-836-5830 today!
