Working on a sea vessel is dangerous work, and injuries are not uncommon. Due to the nature of the work, many seamen cannot continue their duties while recovering from an injury. At our firm, we understand that figuring out how to make ends meet can be incredibly stressful.
However, we are here to help, and legislation exists to protect your rights. So, what is maintenance and cure in a maritime injury case? It is a source of compensation and support that our Louisiana maritime lawyer can help you recover.
Maintenance and Cure: A History
The concept of maintenance and cure dates back to ancient times. Some sources say seamen’s rights to recover maintenance and cure benefits date back to the 1300s. These concepts have been ingrained in the codes and customs of maritime work for centuries, and we still respect them as maritime common law today.
The principle was initially supported in ‘modern’ law in the 1800s. The federal case of Harden v. Gordon resulted in the judge’s support of this principle. Justice Story made the decision with the hopes that, by holding the ship responsible for crew welfare, they may take more precautions to keep them safe.
Illness, accidents, and injuries in seamen are not uncommon. When it happens to you, as an employee, you may have several options for recourse depending on your situation. Much like the Longshore and Harbor Workers’ Compensation Act, maintenance and cure is a no-fault way to support seamen who fall ill or become injured on the job.
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504-500-1111Understanding Maintenance and Cure
Maintenance and Cure (M&C) is a default support for injured workers that is granted regardless of who is at fault. Though it is similar to workers’ compensation in many ways, the Social Security Administration confirms that M&C payments are not workers’ compensation and should not be treated as such. While workers’ compensation rates and policies can vary by state, maintenance and cure payments are a federal standard regardless of state workers’ comp policies.
Accepting maintenance and cure in your maritime injury case does not necessarily bar you from pursuing compensation allowed in other parts of the Jones Act. However, these cases may affect each other, and you would be best suited to discuss concurrent or consecutive pursuits with an attorney. If you are expecting long-term disability or problems, you may choose to begin applying for SSA disability or pursue a disability insurance claim before M&C payments stop.
If you face a denial of your claim for Maintenance and Cure in your maritime injury case, you may choose to pursue a lawsuit against your employer. You may also pursue a personal injury case if you feel that your employer’s negligence caused your injuries. Either path has risks and benefits, so working with a Scott Vicknair attorney may help you obtain the best outcome.
Maintenance and Cure and The Jones Act
The Jones Act is a critical piece of legislation protecting offshore workers. Beginning as part of the Merchant Marine Act of 1920, the significance of the Jones Act in protecting the rights of seamen is that it extended the rights of the Federal Employers Liability Act (FELA).
Part of these protections include the right to Maintenance and Cure regardless of liability.
Death on the High Seas Act
Much like accidents and injuries, fatalities in maritime work occur at higher-than-average rates. If you have a loved one who was injured and killed in a work accident and may have otherwise been eligible for maintenance and cure benefits, you may be eligible to receive survivor benefits under the Death on the High Seas Act coverage.
Maintenance Payments: Room and Board
The maintenance component of Maintenance and Cure refers to maintaining your day-to-day living. This is often a weekly check written for Jones Act workers to cover ‘room and board’ and begins when you stop receiving pay due to illness. Maintenance will occur when your physician determines you cannot work due to the injury or illness you sustained while working and will continue until your physician has determined you have reached your maximum recovery potential.
The maintenance you receive will vary significantly based on a few factors. The first consideration is how much it costs to maintain your home and life. However, if you are a union member, you may receive maintenance based on the union contracted rate, regardless of other personal factors.
There is currently no set rate for what you are owed in maintenance pay. Rates can vary from $8-$40 per day, and in some cases, you may not receive maintenance pay that covers all of your household expenses. A maritime lawyer with Scott Vicknair can help you identify relevant expenses and documentation to maximize your maintenance payout.
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504-500-1111Cure Payments: Medical Costs
While maintenance refers to household costs, cure payments are the medical component of seaman protections. When we discuss ‘what does maintenance and cure actually mean for an injured seaman’ the Cure payments cover medical costs. These costs may often include:
- Medical evaluation
- Hospital bills
- Prescription costs
- Costs related to disability care
These payments are generally required until you have reached your maximum medical improvement. The services do not have to be provided by a company-approved doctor, but they must be ‘curative’ in nature. This allows you to see a physician you trust to handle your care instead of someone your employer picks for you.
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504-500-1111Call a Maritime Injury Lawyer Today for Support in Your Maintenance and Cure Maritime Injury Case
If you are having a difficult time getting reasonable and fair maintenance and cure payments after a work injury, it may be time to get a lawyer. At Scott Vicknair Injury Law, we are committed to the client experience and recovering the maximum available compensation while maintaining integrity and professionalism. The last thing you should worry about following an injury is how you will pay your bills.
Our firm offers free case consultations to discuss the details of your situation. We also work on a contingency fee basis, meaning our fees are contingent on us winning for you. You don’t have to face this alone, so call us today.