As a result of the Jones Act, seamen who are injured or become ill while performing their duties at sea have the right to seek maintenance and cure from their employers. While many mariners seek these benefits after suffering harm as a result of sudden accidents, they can also seek benefits for repetitive work-related injuries and illnesses that develop over time.
Conditions caused by constant strain, vibration, toxic exposure, etc., can be just as debilitating as injuries caused by a single incident, and maritime employers are obligated to provide recovery support when long-term circumstances related to marine employment result in harm.
The basics of maintenance and cure
Maintenance refers to the daily living expenses that an injured seaman would ordinarily incur while working on a vessel, such as food and housing. Cure covers the medical treatment necessary to reach maximum medical improvement. Together, these benefits are designed to ensure that maritime workers can recover without facing financial ruin. The right to maintenance and cure exists regardless of fault, meaning that a seaman can claim these benefits even if their employer was not negligent in re: the conditions that led to their work-related harm.
Repetitive work-related harm can take many forms. Long hours of lifting, pulling and twisting can lead to chronic back or shoulder injuries. Constant exposure to engine vibration can cause nerve damage. Prolonged contact with chemicals, fuels and other hazardous materials may result in respiratory issues or skin conditions. Because these conditions develop gradually, seamen sometimes delay reporting symptoms, assuming that their discomfort is temporary or simply part of the job. It is generally preferable that injured workers make their claims as early as possible, as doing so can lead to greater physical recovery and can make it easier to prove that their injuries are work-related.
Employers and insurers sometimes challenge maintenance and cure claims for repetitive injuries, arguing that a condition is degenerative or unrelated to work duties. Seeking legal guidance can help workers mitigate their risk of being dismissed in this way.
Seamen dedicate their lives to demanding, often hazardous work. When that work leads to cumulative harm, they are entitled to the same protections as those injured in sudden accidents. If you are suffering as a result of long-term repetitive harm, you don’t have to “just tough it out.” Options for physical and financial recovery are available.