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The Jones
Act - Maintenance and Cure
Maintenance and Cure for Injured Seamen
Under the Jones Act and general maritime law, a seaman who is injured
in the course and scope of his employment may recover "maintenance"
and "cure" benefits from his employer, even if the employer
was not negligent and the vessel was not unseaworthy. Maintenance
and cure benefits are similar to workmen's compensation benefits;
however, no government agency is involved in the administration
of maintenance and cure benefits.
If an employer does not automatically pay maintenance and cure benefits
to an injured seaman, the seaman must file a lawsuit against the
employer in order to recover the benefits. In such an action, the
seaman is not required to prove that the employer was negligent
or that the vessel was unseaworthy. The seaman need only prove that
he was injured in the course and scope of his employment.
A seaman may recover maintenance and cure benefits in addition to
any damages he recovers due to the employer's negligence or the
unseaworthiness of the vessel.
Maintenance
A seaman whose injury forces him to leave the vessel may recover
maintenance benefits. Maintenance benefits are daily payments designed
to compensate the seaman for the cost of his food and shelter while
not living on the vessel. Maintenance payments are usually between
$15 and $30 per day. An employer's obligation to make maintenance
payments continues only until the seaman is fit for duty or reaches
maximum medical improvement. A seaman reaches maximum medical improvement
when his condition will not improve with additional medical treatment.
Therefore, a seaman's right to maintenance payments ceases when
his condition will not improve, even if he continues to be disabled.
Cure
Cure benefits are designed to compensate a seaman for the medical
expenses caused by his injury. Cure benefits may include the cost
of medical treatment, prescription drugs, hospitalization, and therapy.
A seaman's right to cure benefits continues only until he reaches
maximum medical improvement.
Copyright
2005 LexisNexis, a division of Reed Elsevier Inc.
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