Three Important Facts about Maintenance and Cure Law
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What is maintenance and cure law? Maybe your know the basics, but did you now these three important facts about maintenance and cure that can affect your case?
Under maintenance and cure law there are three important facts that many injured seamen do not realize. First, maintenance and cure ends when you reach maximum cure. This does not mean that you have fully recovered from your injury. It simply means that your treating physician has stated that he does not believe that your condition will get any better. We have many clients who have suffered permanently disabling injuries who are released from their treating physicians as having reached maximum cure. Even though these individuals are still disabled and cannot return to full duty work, their right to maintenance and cure ends when the doctor releases them from his treatment.
Additionally, many injured seamen do not realize that maintenance and cure law provides for punitive damages if their employer unreasonably and intentionally refuses to pay proper maintenance and/or cure. It is important that strong written letters are sent to your employer if your employer is refusing to authorize necessary medical treatment or refusing to pay proper maintenance for your monthly living expenses. In order to pursue a claim for punitive damages in court it is important to have proper documented evidence that your employer unreasonably refused to pay maintenance and cure. This is typically done through written communications to your employer building a written record that can later be used in court.
Finally, many injured seaman do not realize that maintenance and cure is actually a separate claim from their rights under the Jones Act. Maintenance and cure applies to any injury or illness occurring in the service of the vessel. This actually includes land-based injuries or illnesses as long as the injured seaman was "in the service" of the vessel at the time of the injury. It does not make any difference as to whether your company is at fault or not in causing your injury or illness. You are entitled to maintenance and cure if you simply prove that you had an injury or illness while in the service of the vessel. In addition to such rights, if you are a seaman you can also pursue a negligence claim under the Jones Act against your employer. This is an entirely separate claim arising under a federal statute and you can collect pain and suffering, lost wages and additional medical expenses under the Jones Act.
Maintenance and cure law comes from general maritime law and it is meant to protect an injured seaman. Maintenance and cure law states that all doubts and ambiguities are to be resolved in favor of the injured seaman. It is important that you understand how maintenance and cure laws protect you if you are an injured seaman.
ABOUT THE AUTHOR: Timothy Young
Timothy Young and the maritime lawyers of The Young Firm have been fighting for injured maritime workers for years. Contact them if you have any questions at all about your rights under maritime law or the Jones Act.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Additionally, many injured seamen do not realize that maintenance and cure law provides for punitive damages if their employer unreasonably and intentionally refuses to pay proper maintenance and/or cure. It is important that strong written letters are sent to your employer if your employer is refusing to authorize necessary medical treatment or refusing to pay proper maintenance for your monthly living expenses. In order to pursue a claim for punitive damages in court it is important to have proper documented evidence that your employer unreasonably refused to pay maintenance and cure. This is typically done through written communications to your employer building a written record that can later be used in court.
Finally, many injured seaman do not realize that maintenance and cure is actually a separate claim from their rights under the Jones Act. Maintenance and cure applies to any injury or illness occurring in the service of the vessel. This actually includes land-based injuries or illnesses as long as the injured seaman was "in the service" of the vessel at the time of the injury. It does not make any difference as to whether your company is at fault or not in causing your injury or illness. You are entitled to maintenance and cure if you simply prove that you had an injury or illness while in the service of the vessel. In addition to such rights, if you are a seaman you can also pursue a negligence claim under the Jones Act against your employer. This is an entirely separate claim arising under a federal statute and you can collect pain and suffering, lost wages and additional medical expenses under the Jones Act.
Maintenance and cure law comes from general maritime law and it is meant to protect an injured seaman. Maintenance and cure law states that all doubts and ambiguities are to be resolved in favor of the injured seaman. It is important that you understand how maintenance and cure laws protect you if you are an injured seaman.
ABOUT THE AUTHOR: Timothy Young
Timothy Young and the maritime lawyers of The Young Firm have been fighting for injured maritime workers for years. Contact them if you have any questions at all about your rights under maritime law or the Jones Act.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
