Decisions

MARITME INJURIES AND RECOVERY

An injured seaman may be entitled to the following benefits:

1. Cure

Cure is a legal term for medical treatment. An injured seaman is entitled to medical treatment regardless of who is at fault for the accident. Medical treatment is usually paid for by the vessel owner or its insurer. An injured seaman is entitled to medical treatment as long as the treatment is designed or intended to cure or improve his or her injury.

 2. Maintenance

Maintenance is a daily payment designed to provide an injured seaman room and board similar to conditions on the vessel. The injured seaman is entitled to maintenance regardless of who is at fault for the accident. Maintenance rates range from $20 to $30 per day. Some union contracts provide for a higher rate. An injured seaman is entitled to maintenance upon leaving the vessel until medical treatment is terminated.

3. Unpaid Wages

If an injured seaman is unable to complete his or her contract due to the injury, they are entitled to the balance of what they would have earned under the contract. The injured seaman is entitled to his or her unpaid wages regardless of who is at fault for the accident. For example, if a seaman earns $2000 per month and has a three-month contract but due to an injury is only able to work one month, the seaman is entitled to $4,000 for the balance of the contract even though the seaman was unable to complete the contract.

4. Unseaworthiness/Jones Act

An injured seaman can recover for pain and suffering, permanent disability, loss of future wages and impairment of earning capacity, together with other damages for the loss of enjoyment of his life from a serious injury only if he can prove the vessel was either unseaworthy or the ship owners' negligence caused the injury. A vessel is unseaworthy when the vessel as well as its appurtenances are not reasonably safe for their intended purpose. For example, stairs without a non-skid surface are often considered unseaworthy.

Under the Jones Act, an injured seaman can recover if the ship owner's negligence or a crewmember's negligence led to the injury. For example, if a crane operator negligently dropped a crab pot on a crewmember, the injured seaman would be able to recover for negligence.