SEAMEN'S RIGHTS UNDER GENERAL MARITIME LAW


General Maritime Law & Employer Negligence Compensation Lawyers 


Under maritime law, seamen are entitled to damages when involved in a work-related maritime injury on a vessel caused by their employer or a third party. Their restitution may include “Maintenance and Cure,” lost wages, and the right to sue for negligence and unseaworthiness.

Maintenance and Cure

“Maintenance and Cure” are specifically maritime-related terms, referring to the day-to-day compensation allowed to injured seamen (“maintenance”) and the medical expenses they incur during recovery referred to as (“cure”).

Maintenance

Maintenance is provided for all seamen injured on the job, regardless of fault. This rule grants compensation until the seaman has reached Maximum Medical Improvement, meaning that they have either healed or have reached a point where the condition is considered permanent and is no longer expected to improve.
The compensation provided under maintenance is determined by the injured party's average cost of living, with a general maximum payout of approximately $40 per day. Failure to provide maintenance for an injured worker can result in allowing the injured worker having the right to file a lawsuit and reclaim lost maintenance, as well as penalty. Strauss & King Attorneys at Law are prepared to file your case and recover your maintenance.

Unseaworthiness

Seamen are entitled to a vessel whos crew & equipment are reasonably fit. The vessel owner's failure to provide a seaworthy vessel gives the seaman a right to sue for damages regardless of whether the accident was the fault of the seaman. For example, typical unseaworthy conditions include, broken equipment, oil spilled on the floor, poorly maintained or uneven surface areas, poor lighting, etcetera . Inadequate or short crew is also an unseaworthy condition. For more information on whether you have a claim for unseaworthiness, consult Strauss & King.

Cure

Like maintenance, "cure" is granted to all seamen who have suffered an on-the-job injury, under any circumstances regardless of fact. Cure includes appropriate medical care and is provided the injured party until he reaches Maximum Medical Improvement. The seaman's employer is responsible for all reasonable medical expenses. Failure to pay for these expenses may cause the employer to be liable for damages. If your employer has neglected to provide you with maintenance and cure in a serious job-related injury, call our office at (504)523-0033 and talk to the lawyers at Strauss & King for a free phone consultation.

Unpaid Wages & Negligence

In addition to maintenance and cure, injured seamen are entitled to the remainder of the wages they would have received over the course of their assignment. 
Vessel owners are responsible for the seaworthiness of the craft on which seamen perform their duties. “Seaworthiness” encompasses all aspects of vessel safety, including lighting, poorly maintained surface areas, broken or improper equipment, and other hazardous conditions. Negligence is confirmed when a seaman proves the existence of the unsafe condition and its involvement in the resulting injury.
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