You will be entitled to Maintenance and Cure financial compensation under the Seamen’s Compensation Act when you suffer injuries at sea. Maintenance payments are a means to provide for your food, clothing, lodging, and general comfort when it may take to recover or return to work fully. Additionally, you are entitled to Care compensation for your medical bills and expenses.
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Maintenance Compensation
For seamen working on ships, the primary employer is at sea. Therefore, injured seamen can be entitled to maintenance financial compensation under the law on seamen’s wages and salaries. Maintenance monetary compensation is a fee to keep the seaman’s family afloat while he’s injured and unable to work.
The Seamen’s Compensation Act law states that employers are not liable for sickness or disability arising out of seamen’s employment. However, the Act gives seamen the right to receive maintenance and cure payments. Maintenance benefits offer monetary compensation to seamen and their families or dependents under certain circumstances, such as injuries they suffer while on duty in the maritime industry.
However, maintenance rates vary from case to case since there’s no precise compensation amount. To understand the legal aspects of Maintenance payments, you can contact a Dallas maritime lawyer to take you through your Maintenance and Care compensation claim.
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Cure Compensation for Injured Seaman
A Cure is additional financial compensation that injured seaman receives to cater for their medical bills and expenses after suffering injuries related to sea injuries. Care monetary compensation caters to injured seamen, including those injured at work or off duty due to a ship owned or controlled by a U.S. citizen or corporation or foreign affiliates. A seaman can also receive Care payments for offshore accidents involving certain areas such as;
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Cure and Maintenance Limitations and Termination
Cure and maintenance payments have several limitations and restrictions. Seamen must work for the same company they were working with while injured while receiving cure and maintenance payments. Additionally, they may be unable to make cure or maintenance payments while on a leave of absence.
Cure and Maintenance is the portion of a seaman’s claim for compensation. Cure and maintenance payments begin immediately after the injury or disease occurs, regardless of who is at fault for the damage, and usually end when the seaman returns to work or reaches maximum medical improvement, MMI, whichever comes first. A seaman can reach MMI if they do not improve with additional medical treatment.
However, ship owners may want to terminate the Maintenance and Cure compensation earlier through their company physicians. Hence, it’s of great importance to hire Maintenance and Cure Maritime Lawyers services.
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No Clear Compensation Amount
Seamen who incur injuries at sea receive maintenance and cure compensation payments. These payments cover the costs of a seaman’s medical care while they are unable to work due to their disability and their living expenses while they are recovering.
The maintenance rates vary from case to case since there’s no precise dollar amount for the compensation—however, maritime unions’ Collective Bargaining Agreements, CBA, guide maintenance rates. Provisions of any applicable contract may require a specific minimum and maximum compensation rate per day.
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Seaman Not Required to Prove Any Fault and Right of Compensation
The law requires that seamen are not required to prove no-fault to receive their compensation. Further, the law imposes upon all employers of maritime workers an obligation to provide medical care and coverage for a seaman’s bodily injuries at sea, regardless of whether these injuries were a result of some act or omission of the employer, his agents, or employees.
The Jones Act requires ship owners to provide maintenance and cure benefits to eligible seamen injured in the course of service without requiring any proof of fault. Seamen who are disabled due to an injury during international voyages are entitled to up to three years’ Maintenance and cure benefit, for which they have no obligation to prove liability or fault on anyone’s part.
Conclusion
In the end, your settlement depends on the damage you suffered, which could be debilitating if left unaddressed. The common denominator for seamen is that they are at risk for injury, making Maintenance and Cure compensation vital for their financial well-being. You deserve total compensation for any injuries you may have sustained as a seaman. However, hiring Maintenance and Care Jones Act lawyers will ensure you receive your adequate compensation immediately.
