If your career involves being on the water, you know there’s always a risk for serious incidents to take place. But you may not be aware of your options in case you do need to file a maritime accident claim. The reality is that there are several avenues designed to help you continue paying your bills, and to ensure that your rights are protected, you should consult with a Jones Act attorney.
Maintenance and Cure
Maintenance and cure provides compensation for sea workers who have been injured while on the job. The maintenance aspect of this equation is a daily allowance, which typically amounts to $30 per day. It is structured to cover the food and shelter costs the sea professional could expect before any injury occurred. Cure refers to medical attention, and it is also considered to be a right granted to all employees at sea.
This form of Workers’ Compensation is given to every seaman who has been in a maritime accident, regardless of fault. In fact, a sea worker’s injury may be because of his own carelessness, and he or she can still receive these payments.
But it should be noted that this kind of maritime accident claim has limitations. The amount of maintenance is calculated by how much it cost to feed and house the sailor before the injury happened. Likewise, the cure compensation that is payable to the seaman only lasts until he or she has reached what’s called maximum medical improvement.
The Jones Act
Unlike maintenance and cure, the Jones Act can provide much more substantial financial benefits if a seaman is injured on the job. The catch is that the plaintiff must prove that his or her employer is directly responsible for any injuries.