The general maritime law protects seamen as a special class of employees, and as such, they receive unique benefits and protection. Among the different rights and remedies entitled to crewmen is ‘maintenance and cure’(M&C). But how do these benefits help you?
Understanding Maintenance and Cure
Maintenance and cure are designed to provide injured or sick seamen with medical care, food, and lodging for the time they could have served if the accident had not occurred. As the vessel is technically your home at sea, vessel owners must cover these essential expenses even if you are sick.
There are aspects of M&C that are up for discussion at courts when a personal injury case involves such a claim. However, three main points are valuable for any vessel crewmember to be aware of.
3 Facts About Maintenance and Cure Claims
First, receiving maintenance and cure in no way depends upon you proving that the vessel owner is at fault. These benefits are recoverable even if you are at fault;
Second, maintenance and cure benefits are not owed to you only in the event of injury. If you fall ill in the service of the vessel, then you are also entitled to maintenance and cure; and
Third, you may be entitled to punitive damages if the vessel owner mishandles your claim for maintenance and cure.
As a Jones Act seaman who gets M&C benefits, one should know the expected amount of compensation for his injury or illness. See how M&C benefits are calculated.