Injured seamen are entitled to maintenance and cure, and unearned wages, regardless of fault
Injured seamen are entitled to maintenance, cure and unearned wages. However, some Jones Act employers refuse to pay maintenance, cure and/or unearned wages.
Injured seamen can bring claims beyond the traditional worker's compensation remedies. Specifically, injured seamen are entitled to payment for related medical treatment, payment of compensation during their period of disability, and payment of unearned wages. In addition to these worker's compensation-type remedies, injured seamen can also bring negligence claims and unseaworthiness claims against their employer.
The rest of this post explains the entitlement to maintenance and cure and unearned wages in more detail:
Entitlement to Maintenance and Cure Generally
A seamen's employer is responsible for paying maintenance and cure for an injury or illness that occurs in the course and scope of an injured seaman's employment. This is a centuries-old obligation and arises from the employment relationship between the injured seaman and his or her employer. The obligation to pay maintenance and cure arises irrespective of fault or negligence.
A seaman is also entitled to unearned wages from his employer until he or she is fit for duty or they are no longer disabled.
The right to "Maintenance."
Maintenance is designed to compensate an injured seaman for room and board he would have received on the vessel had he or she not been injured.
Generally, maintenance payments range between $15 - $40 per day. Many lawyers for injured seaman have argued for higher maintenance payments, but courts have not been particularly receptive to this argument.
The obligation to pay maintenance continues until the seaman reaches "maximum medical improvement," which is defined as the point at which all future medical care is "palliative" in nature only.
The right to "Cure."
Cure means medical treatment. Like maintenance, cure is not dependent on negligence or fault. A seamen is entitled to cure until he reaches maximum medical improvement. Injured seamen must mitigate their medical expenses to the extent possible, but the seaman's employer bears the burden to prove that medical expenses are excessive or unreasonable or unnecessary.
The right to "Unearned Wages."
Seamen are entitled to wages they would have earned had they not been injured. For example, if a seaman is injured at the beginning of his or her work on an offshore mobile drilling rig or a ship, he or she will be entitled to what they would have been paid had the injury not occurred.
The right to maintenance and cure should be resolved in favor of injured seaman.
The law on a seaman's entitlement to maintenance and cure is well-settled. Courts have consistenly held that all doubts or ambiguities with respect to entitlement to maintenance and cure should be resolved in favor of the injured seaman.
If an employer wrongfully or willfully denies maintenance and cure, they may be required to pay an injured seaman's attorney fees for obtaining maintenance and cure.
Conclusion.
Injured seaman are entitled to maintenance, cure, and unearned wages regardless of fault or negligence if they are injured or contract an illness while in the service of a ship. However, some employers refuse to provide maintenance, cure, and unearned wages. This is unfortunate but all too common.
Like any maritime dispute, an injured seaman should consider consulting an experienced maritime lawyer if his or her employer wrongfully refuses to live up to their maintenance, cure, and unearned wages.
Injured seamen can bring claims beyond the traditional worker's compensation remedies. Specifically, injured seamen are entitled to payment for related medical treatment, payment of compensation during their period of disability, and payment of unearned wages. In addition to these worker's compensation-type remedies, injured seamen can also bring negligence claims and unseaworthiness claims against their employer.
The rest of this post explains the entitlement to maintenance and cure and unearned wages in more detail:
Entitlement to Maintenance and Cure Generally
A seamen's employer is responsible for paying maintenance and cure for an injury or illness that occurs in the course and scope of an injured seaman's employment. This is a centuries-old obligation and arises from the employment relationship between the injured seaman and his or her employer. The obligation to pay maintenance and cure arises irrespective of fault or negligence.
A seaman is also entitled to unearned wages from his employer until he or she is fit for duty or they are no longer disabled.
The right to "Maintenance."
Maintenance is designed to compensate an injured seaman for room and board he would have received on the vessel had he or she not been injured.
Generally, maintenance payments range between $15 - $40 per day. Many lawyers for injured seaman have argued for higher maintenance payments, but courts have not been particularly receptive to this argument.
The obligation to pay maintenance continues until the seaman reaches "maximum medical improvement," which is defined as the point at which all future medical care is "palliative" in nature only.
The right to "Cure."
Cure means medical treatment. Like maintenance, cure is not dependent on negligence or fault. A seamen is entitled to cure until he reaches maximum medical improvement. Injured seamen must mitigate their medical expenses to the extent possible, but the seaman's employer bears the burden to prove that medical expenses are excessive or unreasonable or unnecessary.
The right to "Unearned Wages."
Seamen are entitled to wages they would have earned had they not been injured. For example, if a seaman is injured at the beginning of his or her work on an offshore mobile drilling rig or a ship, he or she will be entitled to what they would have been paid had the injury not occurred.
The right to maintenance and cure should be resolved in favor of injured seaman.
The law on a seaman's entitlement to maintenance and cure is well-settled. Courts have consistenly held that all doubts or ambiguities with respect to entitlement to maintenance and cure should be resolved in favor of the injured seaman.
If an employer wrongfully or willfully denies maintenance and cure, they may be required to pay an injured seaman's attorney fees for obtaining maintenance and cure.
Conclusion.
Injured seaman are entitled to maintenance, cure, and unearned wages regardless of fault or negligence if they are injured or contract an illness while in the service of a ship. However, some employers refuse to provide maintenance, cure, and unearned wages. This is unfortunate but all too common.
Like any maritime dispute, an injured seaman should consider consulting an experienced maritime lawyer if his or her employer wrongfully refuses to live up to their maintenance, cure, and unearned wages.
