When a seaman or commercial fisherman gets hurt, he has the right to obtain maintenance and cure from his employer. Maintenance and cure, unlike a claim for damages under the Jones Act, is awarded regardless of fault for the injury. In that regard, it is similar to workers’ compensation. Maintenance is the payment of living expenses and cure is providing and paying for medical treatment, medical testing, prescriptions, etc. The living expenses that make up maintenance can include rent or mortgage payments, utility bills, groceries and incidentals. Maintenance and cure continues until the seaman reaches maximum medical improvement.
Often, employers are eager to see an injured worker reach maximum medical improvement, eliminating the requirement to pay additional maintenance and cure. It is not uncommon for employers to offer the help of nurse consultants and schedule appointments with company doctors.
Our admiralty lawyers educate clients about their rights under the maintenance and cure provisions of the general maritime law. We help injured seamen obtain the best possible medical care from the physician of their choice, making sure that the proper tests are conducted and the right diagnosis is made while the employer pays these medical expenses, as it is obligated to do.
To contact our Norfolk maritime attorneys, please call us at (800) 361-0430.
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