Maintenance And Cure Lawyer
Maintenance and cure is one of the most important aspects of general American maritime law. The term “maintenance and cure” refers to the financial support an injured worker can receive as compensation for an illness or injury under general maritime law. This differs from the Jones Act in several crucial ways. Primarily speaking, maintenance and cure is considered to be “no fault” compensation, meaning that responsibility for the specific injury or illness is not placed on the shipowner – however, the financial burden for recovering from this illness or injury is still placed on the shipowner for the length of their recovery. While there are some limitations to where and how it can be used, maintenance and cure is a major cornerstone of maritime law, and can be life changing for injury victims under the right circumstances. There’s two major components to maintenance and cure, each covering a different aspect of maritime work. Maintenance refers to the payments made towards an injured maritime worker’s basic living expenses, like utilities, rent, and food, in the event their injury has left them unable to work. Cure, on the other hand, refers to payments made towards the worker’s medical expenses incurred during the illness or injury, including hospitalization, physical therapy, medications, and even transportation in some circumstances. Maintenance and cure differs from the Jones Act in that it is a “no fault” compensation, meaning that negligence doesn’t need to be established for the injury or illness in the way it would for a Jones Act claim. If you are found qualified to receive maintenance and cure, you are entitled to receive it until you have reached a point known as maximum medical improvement (or MMI). “MMI” refers to the point in recovery when the injured party is as recovered as they can reasonably expect to be after the type of injury they received.
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