Maintenance and cure

Maintenance & Cure

Maintenance and cure is a legal provision that provides financial protection for maritime workers who suffered from an injury or illness on the job. Rights to compensation under this act may include housing, medical bills, food, and other daily expenses. Maintenance and cure also requires employers to provide injured employees with the medical resources needed to achieve maximum medical improvement.

Injuries and illnesses at sea can result in serious physical and financial damages. These incidents can also be detrimental to workers’ mental health. Oftentimes, employers and insurance companies will prey on these unfortunate circumstances and try to convince workers to sign liability waivers and/or accept lowball settlement offers.

This is not legally or ethically fair. You are entitled to certain rights under maritime law, including the Jones Act and maintenance and cure. Maritime workers have the legal right to pursue compensation through these acts. Do not let your employer provide you with less money than you deserve.

Willie D. Powells III understands the financial and emotional damages that affect injured workers and their families. Choose a compassionate maritime injury lawyer who will fight for your rights under maritime law. Contact Willie D. Powells III today for more information or to discuss your case.

What is Maintenance and Cure Maritime Law?

Maintenance and cure is a legal provision that provides maritime workers with financial security while they recover from an injury or illness. These protections also provide workers with medical care, including emergency care, surgery, and rehabilitation throughout their recovery.

Maintenance refers to the costs of daily living expenses while at sea, while cure refers to medical treatment.

Maintenance and Cure May Provide:

Housing and Utilities
Food Costs
Travel Expenses

Medical Bills
Daily Living Expenses
Rehabilitation Therapy

Employers are required to provide maritime workers with weekly payments until they achieve maximum medical improvement.

Maximum Medical Improvement

Maximum medical improvement occurs when medical professionals believe that a patient’s condition has improved to its highest potential. Maritime workers are given the right to continue to receive compensation from their employer until this state of recovery is achieved.

You are required to comply with your company’s accident procedures and policies. You should immediately report any accident or injury to the ship’s medical practitioner at the time it occurs. However, remember that this medical practitioner works for the company and will do everything in their power to protect the ship’s best interest.

Ship medical professionals may provide poor treatment in an attempt to eliminate company financial obligations. This negligence may result in catastrophic consequences in cases of brain/ head traumas, back injuries, and serious illnesses.

How Do I Qualify for Maintenance and Cure?

All seamen who suffer from an illness, injury, or accident at sea qualify to receive compensation for maintenance and cure.

Maintenance and cure coverage requires that seamen are employed on an operational vessel on navigable waters.

These legal protections also apply to allow any worker that spends 30% or more of their job on the water vessel and/or contributes to navigation or ship functions.

The location of the accident or illness is also a factor in maintenance and cure coverage. The incident must occur either onboard the ship or while performing job tasks that are essential for ship operations.

Maintenance and cure are the most basic no-fault protection that you are entitled to receive. You may also be due additional compensation under other maritime legal acts. An experienced maritime injury lawyer can review your case and determine whether you are eligible to seek additional compensation.

What Are My Rights as a Maritime Worker?

Maritime workers are guaranteed several legal rights that protect their physical, financial, and emotional wellness. Failure to adhere to any maritime legal policies is grounds for legal action and additional compensation.

Maritime workers are given specific rights depending on the location and circumstances surrounding their injury and illness.

Right to Choose Your Medical Practitioner

You are not required to receive ongoing treatment from your employer’s medical team. Seek medical opinions from a non-biased source when you return to land. Seek ongoing treatment from a trusted physician on the shore to ensure that you receive the best medical care.

Maritime workers have a right to maintenance and cure when they suffer from illness or injury at sea. This rightful compensation is provided to all seamen and is awarded without consideration of fault.

Any form of negligence on behalf of your employer gives you the legal right to sue for lost wages, past and future medical expenses, pain and suffering, and punitive damages. Liable parties may include your employer, ship operator, or other crew members.

Do not agree to any interviews, or sign any documentation, before speaking with an experienced maritime injury lawyer.

It is likely that you are due additional compensation if you suffered from injury or illness while working on or near a water vessel. There are an extensive number of acts developed exclusively to protect maritime workers, including The Jones Act and The Longshore and Harbor Workers’ Compensation Act.

These acts protect all maritime workers, including offshore workers, dock employees, ship maintenance crews, etc.

How Can a Maritime Injury Lawyer Help?

Only an experienced maritime lawyer can help you navigate these processes and fight to obtain all of the compensation that you are rightfully owed. A mainstream personal injury lawyer does not have adequate knowledge or experience in the complexities of maritime law.

There are several ways that a maritime lawyer may be able to help you get compensation, whether you were recently injured, or previously denied due payments.

A maritime lawyer can ensure that you are receiving all of the compensation that you are due under maintenance and cure. Your employer is responsible for providing maintenance, regardless of any additional income that you may be receiving.

Employers are required to provide monetary compensation that covers the cost of living expenses. Your lawyer can help you gather bills, utilities, food, transportation, and other evidence to file legal action against your employer.

A maritime lawyer can fight for you if you have been denied these benefits or received less compensation than you deserved.

Your lawyer can also help you file a lawsuit against your employer if negligence played a role in your injury or illness. A maritime lawyer can work to gather evidence and prove that another party is responsible for your injury or illness.

Maritime laws are extensive and complex. A maritime lawyer can help you determine which laws are applicable in your personal injury case to ensure you obtain maximum compensation.

You deserve a speedy compensation process after an injury or illness causes financial damages. A maritime personal injury lawyer can work to speed up the process and get you the money you deserve as quickly as possible.

You deserve peace and should not be forced to deal with additional stress while you are recovering from your injuries or illness. A personal injury lawyer can deal with all future communications with your employer and the insurance company.

Maintenance and Cure Personal Injury Lawyer

A maintenance and cure personal injury lawyer can help you get through these trying circumstances and on the road to recovery. Willie D. Powells III is well-known for his compassionate and professional legal services. He is not afraid to take on ship companies to get his clients the money that they deserve.

Reach out to our team of experienced legal professionals, even if you have already accepted a payout for your injuries. Willie D. Powells III will review your case to ensure that you received all due compensation.

Willie D. Powells III has helped hundreds of seamen in Houston and throughout Texas get maximum compensation after a maritime injury. You can reach the firm at 281-881-2457 or visit online.