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What is covered under maintenance for injured seamen?

If you are working on any type of private or commercial vessel, and you are injured, you have the right to file for maintenance and cure in New York. This type of compensation is different from the compensation from other injury accidents, and one of the questions our team at Tabak Mellusi & Shisha LLP is asked, is what falls under maintenance coverage.

The United States Courts for the Ninth Circuit states that one of the things maintenance covers is transportation that is related to your injury’s care. For example, if you damaged your spine in a fall on a ship’s deck, and you need to undergo physical therapy, then maintenance could pay for your use of a taxi or other service. The same would probably be true for follow-up medical appointments, clinical visits and trips for lab work.

Another item under the term of maintenance is lodging. The court points out though, that the cost is for single life. If you are married, or you live with family or roommates, then you would probably not be able to claim the full amount of rent for the apartment or house. However, you could determine the current rental rates in your area and use that as a way to calculate what you should ask for. Additionally, if you need to obtain an apartment, you may be able to claim maintenance to cover any down payment you have to make on the rental unit. Utilities may also be considered part of the lodging costs.

The third item that maintenance covers is food. However, the court does caution that the costs need to be reasonable in nature. Therefore, you would probably not be able to claim takeout and restaurant meals, but you could calculate the costs of a grocery budget to sustain you during your period of healing. To learn more about the benefits associated with maintenance, please visit our web page.

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