When maritime workers get hurt on the job, one of the central legal protections available to them is the right to maintenance and cure benefits. This type of maritime compensation provides injured seamen with financial support for daily living expenses and medical treatment while they rest and recover. Our St. Louis, MO maintenance and cure lawyer is here to stand by your side if you’ve been hurt on the job and need guidance on your legal options.
What Injured Maritime Workers Should Know About Maintenance And Cure
Maintenance and cure is a legal obligation that requires vessel owners to provide support to seamen who have been injured or fallen ill while in service of the ship. “Maintenance” refers to daily living expenses like food and housing. “Cure” refers to the cost of medical treatment, e.g. doctor visits, hospital stays, prescriptions, and rehabilitation services.
These benefits are not tied to any fault system. Even if an accident happens where no negligence was involved, injured workers are still entitled to receive maintenance and cure as long as the injury occurred during service of the vessel. This makes it one of the most fundamental protections under this area of law.
Common Issues With Maintenance And Cure Claims
While the law is clear, disputes can still arise. Some common challenges that we’ve handled in past cases include employers and insurers who have done one or multiple of the following:
- Offer unreasonably low daily maintenance rates
- Delay or deny payments altogether
- Disagree over whether an injury occurred during service of the vessel
- Argue that treatment is unnecessary or unrelated
These disputes can cause extra stress and financial strain during an already difficult life chapter. Understanding your rights and having quality legal support can make all the difference in keeping your case on track toward a favorable outcome.
Other Protections Available To Injured Maritime Workers
Think of maintenance and cure as coverage for your most basic needs; but remember, it’s not the only legal remedy available to maritime workers. Depending on the circumstances of your injury, you may also have rights to compensation under other laws:
- The Jones Act – This allows injured seamen to bring a claim against their employer if negligence played a role in the accident. Unlike maintenance and cure, which is a no-fault system, a Jones Act claim requires proving that the employer or crew failed to act with reasonable care, thus resulting in your injuries. Successful claims of this kind can help cover additional damages, including compensation for lost earning capacity and emotional suffering.
- Unseaworthiness Claims – Vessel owners are required to keep their ships safe and seaworthy. If equipment turns out to be defective, safety gear goes missing, or the vessel is otherwise unsafe, injured workers may pursue damages under an unseaworthiness claim.
- Longshore and Harbor Workers’ Compensation Act (LHWCA) – For maritime workers who don’t qualify as seamen under the Jones Act, the LHWCA provides wage replacement and medical benefits for injuries that occur on navigable waters or adjoining areas like docks and shipyards.
These protections create multiple avenues for recovery for maritime workers. When you need support for more than just your everyday needs and medical expenses, we can also help you understand your options.
Why Legal Help Matters
While exercising your right for maintenance and cure benefits isn’t your only option for compensation. It’s also not the most straightforward process. Sometimes payments get delayed or denied altogether. Don’t settle for less than what you need or deserve. At Goldstein and Price, L.C., we’re here to help you understand and protect your rights after a maritime accident. Reach out to us today to request a case evaluation.