General maritime law is unique. It had arisen from ancient times and has continued with no boundaries or borders as to exactly how and when it applies. That being said, the federal government of the United States has come up with a law that covers what happens in maritime cases when it a person is injured on a barge, bridge, or fishing vessel. Essentially, anything that is on or close to the water. The injured worker wants to call to find out what their rights would be and which laws would apply to assist them in recovering money damages based on what happened to them.
When filing an injury claim, an injured worker can pursue damages related to their basic housing and food that they would have earned had they not been injured, by way of maintenance. To find out your rights and the role of maintenance and cure in your Charleston maritime injury case, consult with an experienced Charleston admiralty & maritime injury attorney as soon as possible.
Maintenance and Cure
Maintenance allowed seaman that were injured under the Jones Act to be paid their basic housing and food that they would have earned or what would have been entitled to them while working on the vessel. These rates are typically $50 or less, and sometimes are agreed to in advance with the injured worker’s funds or their employment contract with the vessel.
Even if that agreement exists and there is an employment contract, it may be a situation which the number should or could be higher in a scenario with regard to cure, where they should receive the medical treatment so the employer can pay for the injured worker’s treatment, and to help them recover from their work related injuries.
This is an important area because the injured worker is not required to see the doctor chosen by the employer. The injured person has the right to choose their own doctor, and many times, the company doctors do not have the best interest of the injured worker and may push to provide inadequate medical treatment or push that person to return to work before they have recovered properly from their work-related injuries.
An individual should consult with a qualified maritime lawyer to help assist them in a timely matter with recovering any potential damages they may be owed.
Common Maintenance and Cure Scenarios
In a Charleston maritime injury case, maintenance and cure can come into play anytime there is a seaman that is injured while working on the job. If someone has an injury significant enough to force them to seek medical treatment no matter what the body part is, they would be entitled to a cure which would be the medical treatment to help them recover from their injuries.
If the injury is significant enough that in addition to medical treatment, they are unable to return to their job, then that is when the maintenance portion would take into account. They would then be entitled to that daily amount of money to help cover for shelter and food while they recover from their work-related injuries.