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VALUE OF MAINTENANCE AND CURE

The damages available through the common law claim of maintenance and cure often overlap with part of what might be covered through the Jones Act.  If this is the case, why pursue maintenance and cure at all?  What is its value?

For one, this remedy is available to a seaman for any illness or injury that arises while he is in service of his vessel, even if the illness or injury was not caused by anyone’s negligence or the ship’s unseaworthiness.  It is also useful as a guaranteed amount off of which to live while a seaman pursues Jones Act remedies or other claims.

Maintenance and cure is an absolute right, and a seaman is entitled to it even if he is injured or becomes ill while on shore leave, as long as the leave takes place as a break from the seaman’s service.  The theory behind this is that a seaman’s employer must reasonably provide his employees with time for recreation, therefore his injuries or illnesses during these breaks must be taken into consideration as well.

There are however limits to what type of behavior a court will allow recovery for. Traditionally, a seaman’s injury resulting from intoxication or his acquiring of venereal disease will mean that he will not be able to recover.  These days, alcohol intoxication may not provide an employer with such a defense, but drug use still will.

Contact an attorney at Kirkendall Dwyer LLP today.  We can make sure that your employer does not try to get away with paying you an inadequate amount for maintenance and cure.  If you have been injured offshore, you have rights that are designed to protect you. Call us today for a free case review.

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