Most New York workers can turn to workers’ compensation after a job injury. However, seamen generally fall under a different system. Federal maritime law provides protections for qualifying crew members who get sick or hurt while serving a vessel. One important protection is maintenance and cure.
What does maintenance and cure cover?
Maintenance and cure has two parts. Maintenance helps cover basic living costs while an injured seaman recovers on land. These costs may include reasonable expenses for food and housing.
Cure deals with medical care. It can cover necessary treatment related to an injury or illness that arose while the seaman served the vessel. For example, covered costs may include doctor visits, hospital care, medication and other necessary treatment.
This protection does not work like a typical negligence claim. A seaman generally does not need to prove that the employer caused the injury to qualify. Under the rules for maintenance and cure, an employer or shipowner has a duty to provide these benefits to an eligible seaman who becomes sick or injured while serving the vessel.
How long can medical payments continue?
An employer’s duty to provide cure does not always end when the seaman leaves the ship or hospital. Instead, medical support can continue during recovery.
These benefits may continue until the seaman can return to duty or reach maximum medical improvement (MMI). MMI means that additional treatment is not expected to improve the condition. As a result, someone with a serious injury may need covered care for an extended period.
In addition, an injured seaman may have other legal rights. The federal Jones Act allows qualifying seamen to bring claims against employers when employer negligence causes an injury. That claim may provide compensation beyond maintenance and cure.
How can seamen protect their medical care?
After an injury, seamen should report what happened and seek medical care promptly. They should also keep medical records, bills and information about their treatment. These records can become important if an employer disputes payment or tries to end the medical benefits too soon.
Maritime law differs greatly from New York workers’ compensation law. A maritime attorney can help an injured seaman determine which rules apply and whether maintenance and cure should cover ongoing treatment. Legal guidance can also help when questions arise about unpaid medical bills or additional claims.