Compensation is available for injured seamen, which is known as maintenance and cure.  Steve Lee, an experienced maritime lawyer, discusses maintenance and cure and maritime injuries.  Contact us today at 713-921-4171 or 800-232-3711 if you have been injured in a maritime accident.

Maintenance and Cure for Injured Seamen

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When a seaman sustains a maritime injury while in the service of a vessel, he or she is entitled to compensation known as maintenance and cure. Maintenance and cure is very similar to workers’ compensation.

Under the Jones Act, a worker who is considered to be a seaman has a right to compensation following an injury that occurred while performing job duties. To be considered a seaman, the worker has to spend 30 percent or more of his or her working hours on a vessel or fleet of vessels under common ownership or control. Some of the additional criteria considered when determining seaman status includes:

• The vessel must be in navigation
• The worker’s duties must contribute to the function of the vessel
• There must be a substantial connection between the worker and the vessel
• The worker’s employment should be considered in its entirety when determining seaman status, instead of looking at just one factor

If a worker does not meet these criteria and is not considered a Jones Act seaman, he or she may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act.

Maintenance
Maintenance is compensation paid to an injured seaman that is designed to cover basic living expenses during recovery. Basic living expenses include house payment, insurance, food, utilities and travel expenses incurred going to and from medical treatment. Some maritime employers will only pay $20 to $30 a day, which is generally less than what the law requires them to pay.

Cure
An injured seaman is entitled to medical care, free of charge, which is known as cure. This compensation is to be paid until the seaman reaches “maximum medical cure,” meaning the condition cannot improve any further. Cure can include compensation for physician visits, medications, physical therapy and counseling.

Sometimes seamen are not given the compensation in which they are entitled. If you have been injured in a maritime accident or are suffering from an illness caused by working offshore, you should talk with a maritime lawyer. Contact Steve Lee, an experienced maritime injury attorney, today at 713-921-4171 or 800-232-3711 for legal advice regarding your maritime injury case.


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