Compensation Through Maintenance And Cure Claims
Widely known as “the sacred right,” a working seaman’s entitlement to maintenance and cure from his employer while recovering from shipboard or sea-related injuries or illness is one of the few aspects of maritime law that normally lies beyond dispute. We’re continually surprised, however, by the difficulty many seamen encounter in collecting these basic benefits from their marine employer without skilled maritime legal counsel.
If you’ve been injured, or fallen ill at sea, or anywhere while in the service of the vessel or subject to the call of duty, contact the California maintenance and cure attorneys at Brodsky Micklow Bull & Weiss LLP.
The Maintenance And Cure Claims We Can Help You Pursue
We can help make sure you’re collecting all of the following, from the time of your injury forward:
- Maintenance payments — a reasonable daily living allowance for all food and shelter.
- Proper medical treatment, including hospitalization, medication, and where necessary, wheelchairs, prostheses, and therapeutic equipment.
- Physical therapy, and convalescent and rehabilitation services.
- Attorneys fees, costs and punitive damages in certain cases where your benefits have been wrongfully denied or delayed.
The injured seaman also has the right to choose his or her own treating physician — you’re not stuck with the doctor chosen by your employer or its insurer.
How Do I Receive A Maintenance And Cure Payment?
Maintenance and cure payments, somewhat like workers’ compensation benefits, are owed without regard to the fault or negligence of your employer or any third party, or any alleged assumption of risk or contributory negligence on the part of the injured seamen or mariner. The employer is strictly liable for your maintenance and cure.
Under the general maritime law to maintenance and cure benefits from the time of the injury up to the time of “maximum medical improvement,” which is when the seaman is completely recovered, or when further recovery is no longer possible — usually indicating a permanent disability.
How To Speak With Our Maritime Lawyers
If you are an injured seaman who has not been collecting daily maintenance payments, or who has been forced into inadequate medical treatment by your employer or its insurance company, contact the California maintenance and cure attorneys at Brodsky Micklow Bull & Weiss LLP for a free and confidential discussion about your rights, and what we can do to enforce them. Contact us by calling 510-268-6180 or toll free at 855-SEA-SOS1.