Three Facts You Need To Know About Maintenance and Cure Laws

Three Facts You Need To Know About Maintenance and Cure Laws

Under maintenance and cure law there are three important facts that many injured seamen do not realize. First, maintenance and cure ends when you reach maximum cure. This does not mean that you have fully recovered from your injury. It simply means that your treating physician has stated that he does not believe that your condition will get any better. We have many clients who have suffered permanently disabling injuries who are released from their treating physicians as having reached maximum cure. Even though these individuals are still disabled and cannot return to full duty work, their right to maintenance and cure ends when the doctor releases them from his treatment.

Additionally, many injured seamen do not realize that maintenance and cure law provides for punitive damages if their employer unreasonably and intentionally refuses to pay proper maintenance and/or cure. It is important that strong written letters are sent to your employer if your employer is refusing to authorize necessary medical treatment or refusing to pay proper maintenance for your monthly living expenses. In order to pursue a claim for punitive damages in court it is important to have proper documented evidence that your employer unreasonably refused to pay maintenance and cure. This is typically done through written communications to your employer building a written record that can later be used in court.

Finally, many injured seaman do not realize that maintenance and cure is actually a separate claim from their rights under the Jones Act. Maintenance and cure applies to any injury or illness occurring in the service of the vessel. This actually includes land-based injuries or illnesses as long as the injured seaman was "in the service" of the vessel at the time of the injury. It does not make any difference as to whether your company is at fault or not in causing your injury or illness. You are entitled to maintenance and cure if you simply prove that you had an injury or illness while in the service of the vessel. In addition to such rights, if you are a seaman you can also pursue a negligence claim under the Jones Act against your employer. This is an entirely separate claim arising under a federal statute and you can collect pain and suffering, lost wages and additional medical expenses under the Jones Act.

Maintenance and cure law comes from general maritime law and it is meant to protect an injured seaman. Maintenance and cure law states that all doubts and ambiguities are to be resolved in favor of the injured seaman. It is important that you understand how maintenance and cure laws protect you if you are an injured seaman.

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