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MAINTENANCE AND CURE

If you have been injured as an offshore worker, regardless of whose fault your injury was, your employer is required by law to provide you with medical treatment and livingexpenses. Known as maintenance and cure, these rights arose through general maritime
law and are independent of the Jones Act. There are however overlaps between damages that can be recovered under the Jones Act and through maintenance and cure rights.

Maintenance and cure are similar to health and accident insurance: it requires that a seaman’s employer provide this remedy if the individual was injured while in the service of the ship.

Specifically, maintenance refers to the living expenses that the seaman incurs. This amount is not calculated based on the wages the seaman was earning. Also, maintenance is not awarded if the seaman is hospitalized, or if he is provided for by a friend or
relative.

Employers often try to pay the lowest possible amount for maintenance, but it should cover room, board, and reasonable living expenses. An attorney at Kirkendall Dwyer LLP will be able to ensure you get an amount that will actually support you in the way that the law intended.

Cure refers to the seaman’s medical expenses required to reach maximum medical improvement. Maximum medical improvement implies that treatment must be paid for until no further benefit or improvement can be attained. This does not include palliative treatment. However, the obligation to pay for cure may arise again if there is progress in medical technology, making it possible that further improvement may be achieved.

As with maritime law generally, maintenance and cure can be confusing. You might not be certain what your rights are. Browse through the following information, and contact an attorney at Kirkendall Dwyer LLP to discuss the specifics of your case. We are always ready to answer any questions you might have.

The Value of Maintenance and Cure

Employer and Third-Party Fault

Time is of the essence: Contact an attorney today.

As with most claims, it is critical that you act in a timely manner. With regards to maintenance and cure, the matter of time is not completely settled. Some courts hold that there is a three year statute of limitations, and others adhere to the doctrine of laches, which provides that a legal claim will be barred if a long delay in asserting the claim resulted in prejudice to the other party. Regardless of the theory, in order to recover
maintenance and cure, you must act in a timely way. Contact an attorney at Kirkendall Dwyer LLP today to explore your legal options.
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