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If you, a family member, or a friend have suffered a serious injury or death and did not receive proper "maintenance and cure" -
Call or e-mail us for a FREE case evaluation. You may be entitled to a substantial cash settlement for your injury.*
Maintenance and Cure is a part of Maritime Law similar to state workers compensation provisions. The employer of the injured seaman (usually the vessel owner/operator) owes the duty of "Maintenance and Cure" regardless of whether or not the injury was the "fault" of the vessel.
Maintenance
Is a daily payment to the injured seaman while off work per a doctor's orders. Sometimes union contracts set maintenance at fixed rates of $7, $20, $35, or other fixed daily rates. Seamen not working under a fixed contract controlling maintenance can be paid more depending upon individual circumstances.
Cure
Is just that. It is the vessel or vessel operator's obligation to provide payment for the injured seaman's medical care - or "cure." The injured seaman has a right to treatment by a doctor of his choosing. Employers and vessel operators often attempt to send the injured seaman to the company doctor - a doctor of the company's choosing rather than the injured seaman's choice of doctor. The company can usually insist that the injured seaman be "examined" by the the "company doctor," but the injured seaman does not have to submit to "treatment" by the company doctor.
The vessel's duty to provide Maintenance and Cure is distinct from negligence and unseaworthiness claims the injured seaman may have against the vessel. The vessel can be held liable for damages and attorney fees if it fails to provide maintenance and cure or if it fails to provide maintenance and cure at adequate levels. These issues are best considered by an experienced maritime lawyer. Call Testa and Testa today.
Remember! Don't wait until it's too late! The law puts time limits on how long you can wait before bringing a case. The time limits and conditions vary from state-to-state and under Federal Law.
If you have suffered a serious injury or death and did not receive proper "maintenance and cure" - call or e-mail us today for a FREE case evaluation.
Our maritime lawyers will review the facts in your case, explain your legal rights and if we determine you have a case,
"We'll fight for every dollar you deserve."
Click for FREE case evaluation.
1-800-880-1000
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