Maintenance and Cure: What You Need to Know

Are you a Jones Act Seaman? If so, knowing your rights regarding maintenance and cure benefits is essential. Maintenance and cure are terms frequently used in maritime law, but only a few people understand what they mean. It is necessary to know what they are and your rights if you become ill or hurt while working on a vessel.

What Is Maintenance and Cure?

Seamen are eligible for maintenance and cure benefits if they get sick or hurt while working on a ship. These benefits stand on the notion that employers must assist workers unable to work due to illness or accident.

Maintenance is the daily living expenses an injured Seamen should receive, such as food, rent, and utilities. Cure refers to the medical care and treatment an injured or ill Seamen should receive until they reach maximum medical improvement. 

Who Is Eligible for Maintenance and Cure?

Any Jones Act Seaman who gets sick or hurt while working on a ship is eligible for maintenance and cure benefits. This is the case regardless of their position or job title. Benefits are only available if the illness or injury happened while the Seamen was working on the ship. 

This can include accidental injuries or illnesses brought on by exposure to dangerous substances like asbestos or lead. To receive benefits, the Jones Act Seaman does not have to prove their employer's fault for their injury or illness. The only prerequisite is that the illness or injury happened while the Seamen worked on the ship.

     What Are the Rights of Seamen?

Seamen have several rights pertaining to maintenance and cure benefits.

These include:

•    The Right to Choose Their Doctor

To receive medical attention and treatment, Seamen are free to select the physician of their choice. This is important, as some employers may steer Seamen to doctors who are more likely to provide a favorable report for the employer.

•    The Right to Receive Benefits Until They Reach Maximum Medical Improvement

Seamen should receive maintenance and cure benefits until they reach maximum medical improvement. This indicates they have the right to care and treatment from medical professionals until they recover fully. This is the case even if they are unable to work again.

     The Right to Receive Benefits Regardless of Fault

Jones Act Seaman do not need to demonstrate their employer was at fault for their accident or illness to receive benefits. 

   What Are the Employer's Responsibilities?

Employers have several responsibilities regarding maintenance and cure benefits.

These include:

•   The responsibility to provide maintenance and cure benefits: The law requires the employer to pay benefits if a Seamen gets sick or hurt while working on a ship.

•   The responsibility to pay maintenance and cure benefits promptly: Employers must pay maintenance and cure benefits promptly. They should do so within a few days of the Seamen reporting their injury or illness.

•   The responsibility to provide medical care and treatment: They must provide medical care and treatment to Seamen who fall ill or are hurt while working on a vessel.

Seamen should know their rights and employer's obligations when receiving maintenance and cure benefits. You can ensure you get the help and attention you need in the event of an injury or sickness by knowing your rights and your employer's obligations.

For more on maintenance and cure under maritime law, visit Daniel Weltin Law Offices at our office in San Leandro, California. Call (510) 319-1904 to book an appointment today.