subject: Jones Act Lawyer Straight Talk - Getting Medical Treatment - How Can I Get Cure Benefits? [print this page] Jones Act Lawyer Straight Talk Jones Act Lawyer Straight Talk
If you are a seriously injured Jones Act Seaman - you need to know the facts of life. Here, we give it too you straight. No sugar added. Just good old fashion truth. If you Google "Jones Act Lawyer Straight Talk" of " Jones Act Attorney Straight Talk" you will find dozens of great articles by a Jones Act Super Lawyer that will help you win your Jones Act case/ Seaman Injury case.
An Obligation Is Owed To You By The Vessel Owner
As an injured Seaman, the shipowner has an obligation to pay you maintenance and cure. Maintenance refers to the shipowners obligation to provide food and lodging to a seaman who becomes ill or is injured while in the service of the ship. Cure refers to "care, including nursing and medical attention during such period as the duty continues."
The Law Calls It A "Duty"
The shipowner owes you what the law calls a "duty." A Legal duty imposes the responsibility on persons or legal entities to abide by rules and regulations. The duty we are talking about here is owed to you by the vessel owner.
The duty continues until you reach maximum medical recovery. Maximum recovery occurs when you have either recovered or your condition is declared permanent. This is also called "Maximum Medical Improvement."
What If the Vessel Wasn't Unseaworthy and There Was No Negligence?
You are entitled to maintenance and cure even if the vessel is not unseaworthy and your employer is not negligent. The shipowner's duty to provide maintenance and cure arises regardless of whether the shipowner is at fault for the injury.
What You Need To Prove
To recover for maintenance and cure, You need to show (1) you were working as a seaman, (2) you became ill or were injured while in the vessel's service, and (3) you lost wages or incurred expenses relating to the treatment of the illness or injury.
A Practical Consideration
Be sure to make your requests for medical treatment in writing. An email will do. Be sure to send a copy of the email to yourself so you have documentation.
Disclaimer
This article if not legal advice. Your circumstances and/or situation may differ from those described here. If you are a seriously injured Jones Act Seaman you are advised to hire the best Jones Act Lawyer you can find. Finally, whenever you are bringing a court case your credibility is always at issue. Therefore, you must always tell the truth. Never fudge and/or exaggerate your symptoms or injuries.
