Maritime employers face unique legal challenges when a crew member becomes injured or ill while in service to a vessel. Maintenance and cure claims require careful handling, as they involve the seaman’s right to payment for living expenses and medical care while recovering. Your St. Louis, MO maintenance and cure lawyer can help you respond to these demands, while still protecting your business. At Goldstein and Price, L.C., we’ve spent over 60 years helping companies just like yours. Read on to learn more, and contact us today to get started with a maritime accident lawyer from our team.
Reviewing The Initial Demand
When a maintenance and cure demand is received, the first step is to carefully review the details. Employers should gather all relevant documents, including the employee’s job records, accident reports, and medical documentation. This helps determine when the alleged injury occurred, whether it happened while the employee was in service to the vessel, and what type of care is being requested.
Investigating The Circumstances
A thorough investigation is an important part of handling these claims. Speaking with witnesses, supervisors, and other crew members who were present can help clarify how the injury happened. Your St. Louis maintenance and cure lawyer can help you review safety protocols, work logs, and maintenance records that may reveal whether proper procedures were followed. Employers should also inspect the location where the incident occurred to look for hazards or other contributing factors.
Evaluating The Scope Of The Claim
Not every demand for maintenance and cure is valid. Employers have the right to question whether the injury or illness is connected to the employee’s work or whether it existed before their service on the vessel. In some cases, medical documentation may show that treatment being requested is unrelated to the injury. An admiralty lawyer can assist in reviewing the scope of the claim and identifying potential defenses. Taking a careful approach helps prevent unnecessary costs and protects the company’s position if disputes arise.
Working With Insurance Providers
Most maritime employers carry insurance to cover these types of claims. It is important to notify the insurance carrier as soon as a demand is received. Providing them with clear and accurate information allows them to begin their own review. Staying in close communication with your insurance provider and your St. Louis maintenance and cure lawyer can prevent delays.
Maintaining Professionalism Throughout The Process
Even when a claim appears to be exaggerated or unfounded, employers must remain professional. Retaliation against a crew member who files a claim is prohibited by law and can lead to additional legal problems. All communications with the employee should remain respectful and focused on facts.
Preparing For Possible Litigation
While many maintenance and cure claims can be resolved through negotiation, some may move to litigation. Employers should be prepared by continuing to gather evidence, keeping detailed records, and working closely with their legal team. Having a clear strategy allows the company to present its position effectively and respond to challenges as they arise.
How We Can Help
At Goldstein and Price, L.C., we work with maritime employers to handle maintenance and cure claims from start to finish. Our team has six years of experience in maintenance and cure cases, insurance coverage disputes, and more. Contact us today, and see how a marine injury lawyer from our team can protect your business.