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Maintenance & Cure Archives

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.

How is a seaman protected if injured on the job?

Being injured on the job can be devastating physically and financially for anyone in New York. If you are a seaman who has been hurt in the line of duty, you are not covered under the workers’ compensation laws that protect most employees on land. However, in many circumstances, your employer may still be liable to pay the resulting medical costs, living expenses and lost wages.

Repetitive stress injuries are a risk on boats and ships

It is believed by many that deckhands on ships in New York and all over the world tend to have the most dangerous job because they are constantly at risk of suffering an injury while on the job. From slips and falls on deck to drowning due to a rogue wave, it's these instantaneous injuries we think of when we consider the danger longshore and fishing jobs present.

If you're injured on the seas, you have the right to compensation

Just like workers on land, workers whose jobs take them out on the water are afforded protections under the law that provide compensation to workers who are injured on the job or accidentally die during the course of duty. Whether the individual was working as a fisherman on the treacherous high seas or as an engineer on a cruise ship sailing across the ocean, their employer is required to pay benefits that are not unlike a land worker's workers' compensation benefits.

Employers must take appropriate steps to mitigate risks of injury to seamen

For anyone who makes a living by working aboard a barge, ocean liner, fishing boat or cruise ship; there are certain risks and dangers that are inherent to working on any water-bound vessel. Depending on the type of ship and nature of one's work, an individual may suffer injury or death due to a slip-and-fall, equipment failure, fall overboard, exposure to hazardous materials and being struck by a falling object.

When insurers try to minimize maintenance and cure

Those who work aboard ships play a very important role in our economy. Many industries rely deeply on the hard work of maritime workers. Unfortunately, such workers sometimes get exposed to dangers on the ship where they work. Thus, the sad reality is that maritime workers sometimes end up suffering injuries on the job.

Commercial fishermen and equipment-related injuries

Individuals who work aboard commercial fishing vessels face many daily hazards. Quarters are cramped and, to avoid malfunction and injury, equipment used aboard fishing vessels must be properly maintained and stored. Additionally, seamen must often attempt to perform work duties in challenging weather conditions, which often compounds and creates many additional safety hazards.

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