Maintenance & Cure Jones Act Claims
Maintenance and Cure Claims After an Offshore Injury or Illness
A seaman who suffers injuries or illness while working offshore may file a claim to seek medical benefits and compensation for lost wages as a result of the injury or illness. These claims are known as maintenance and cure claims, and they may be brought separately from any Jones Act claim against the employer for negligence or against the ship owner for unseaworthiness.
Unseaworthiness refers to a ship owner’s duty to provide a vessel that is reasonably fit for the voyage and the job at hand. If the vessel’s gear, equipment, appurtenances, tackle, rigging, or crew are inadequate or unsafe and that unsafe or inadequate condition causes injury, the injured person likely has a claim for unseaworthiness against the ship owner.
Located on Sullivan's Island, at the entrance of Charleston Harbor, the maritime law firm of John Hughes Cooper, P.C., has focused on admiralty law and offshore accident cases in South Carolina and Georgia since its founding in 1984. Our attorneys have a deep understanding of the history and current boundaries of maintenance and cure claims. We help our injured seamen clients recover the best possible financial settlements after serious on-ship injuries or illnesses.
Find out more about how we can help with maintenance and cure claims — either separate from or as a part of Jones Act claims. Contact us to schedule a free and private initial consultation with one of our lawyers.
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Maintenance and cure includes three distinct types of claims. Maintenance refers to unearned wages that an injured seaman should receive until the voyage ends. Maintenance also includes an allowance for food and shelter that the injured seaman should continue to receive until he or she reaches what is called “maximum medical improvement (MMI).”
Every seaman who is injured or who suffers illness while in service to a vessel is entitled to maintenance benefits regardless of whether the employer or any other party was at fault in causing the injury or illness. In this way, maintenance claims are somewhat like landside workers' compensation claims in which workers do not have to prove negligence to collect lost wages.
Cure claims refer to claims against the ship owner for reimbursement of medical expenses not covered by health insurance or other medical benefits programs. Under maintenance and cure laws, injured offshore workers can choose their own doctors and should receive reimbursement for all reasonably necessary medical care. Cure benefits are payable until you reach maximum medical improvement (MMI).
Contact John Hughes Cooper, P.C. · Free Consultation · 1-800-883-9099
Maintenance and cure claims can be brought separate from or in addition to Jones Act claims. Learn about your different legal options after an on-ship injury or illness, and let our experienced maritime lawyers help you choose the best way forward. To make an appointment for a free and private consultation, call us toll free at 1-800-883-9099 or contact us online.
General information about the Jones Act and seamen’s claims is available on The Admiralty Docket.
