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jones act maintenance and cure
05/15/2024

The Secret Weapon Seafarers Don't Know They Have: Maintenance and Cure

Brian Beckcom

Brian Beckcom

05/15/2024

LISTEN: The Secret Weapon Seafarers Don't Know They Have
2:44

 

Working at sea is a demanding and often dangerous profession. Seafarers face unique risks on the job, and if you're injured or become sick while working on a vessel in U.S. waters, the Jones Act provides important protections. A key element of the Jones Act is the concept of "maintenance and cure," which offers crucial financial assistance to help injured or ill seamen recover.

What is Maintenance and Cure?

Maintenance and cure consists of two distinct benefits:

  • Maintenance: This refers to a daily stipend paid to an injured or ill seaman to cover basic living expenses while they are unable to work. Think of it as a safety net that helps ensure you can afford food, housing, and other necessities during your recovery. The amount of maintenance you receive is determined by your average daily wages at the time of your injury or illness.

  • Cure: "Cure" refers to all reasonable and necessary medical treatment you need to get better, regardless of the cost. Under the Jones Act, your employer is responsible for covering these expenses. This includes doctor visits, hospital stays, surgery, medication, physical therapy, and any other treatment prescribed by your doctor to help you reach maximum medical improvement.

Why is Maintenance and Cure a Secret Weapon?

The Jones Act's maintenance and cure provisions offer several advantages for seafarers compared to traditional workers' compensation:

  • No-Fault System: Unlike workers' compensation, you don't necessarily have to prove your employer caused your illness or injury to receive benefits. This means you can still qualify for maintenance and cure even if the accident was partly your fault.

  • Maximum Medical Improvement: Maintenance and cure benefits continue until you reach maximum medical improvement (MMI). This is a significant advantage, as traditional workers' compensation benefits often have strict time limits.

  • Comprehensive Medical Care: The Jones Act guarantees you all reasonable and necessary medical care to get better, regardless of the cost. This ensures you receive the treatment you need to recover fully, without worrying about financial limitations.

Don't Wait to Get Help

If you're a seaman injured on the job, the Jones Act's maintenance and cure provisions can offer vital support during your recovery. However, navigating the legal complexities surrounding maritime injuries can be challenging. VB Attorneys has extensive experience representing seafarers injured at sea. We can help you understand your rights under the Jones Act and ensure you receive the full benefits you deserve. Contact VB Attorneys today for a free consultation to discuss your specific case.

Topics: Jones Act