To find out more about maintenance and cure benefits, please visit the website of the experienced Washington, D.C. maritime legal team of Chaikin, Sherman, Cammarata, & Siegel P.C.
Commercial fisherman and other types of working seamen can and do get hurt, or become ill, while on the job. When they do, injured seamen have what is often known as a sacred right to “maintenance and cure” from their employer while they recover.
Once a mere tradition, the concept of maintenance and cure was officially written into U.S. maritime law in the early 1900s.
What is “maintenance?”
The term “maintenance” is considered the funding of an injured worker’s basic daily living expenses. This can include:
- Rent or mortgage payments
- Food
- Utility expenses (water, electricity and heat)
- Incidentals
What is “cure?”
“Cure” stands for the funding of all necessary medical expenses incurred by an injured seaman. This can include costs such as:
- Doctor’s bills
- Surgery costs
- Hospital and ambulance charges
- Medical tests and screenings, such as MRIs and CT scans
- Lab work
- Prescription medication
- Travel expenses to and from medical appointments
- Wheelchairs or other similar mobility aids
- In-home nurse aid
- Physical therapy and therapeutic equipment
- Other types of rehabilitation services or equipment
Details of Maintenance and Cure Benefits
Similar to workers’ compensation, both maintenance and cure expenses must be paid by the employer without a seaman having to prove negligence (or that the employer is at fault in any way).
The employer must continue to pay for maintenance and cure expenses until the injured worker has reached “maximum medical improvement.” This is generally when the employee has thoroughly recovered and is ready to return to work, or when no further improvement is deemed possible by medical authorities, and a permanent disability is established.
However, unlike Workers’ Compensation, there are no state commissions to hear complaints when an employer refuses to pay or continue to pay for maintenance and cure. Instead, an injured seaman’s only recourse is usually to file suit against the employer.
Maritime law is a complex field of serious personal injury law, requiring a depth of understanding not all legal experts have. In fact, if you have been injured while working at sea, it is important to consult with a knowledgeable maritime law expert, especially before signing any type of release form provided by your employer.
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