Maintenance & Cure
As a crewmember, when you get sick or you are injured, you are entitled to what is referred to as maintenance and cure. Your rights to maintenance and cure are centuries old remedies.
The maintenance and cure obligation dates back centuries as an aspect of the General Maritime Law, and the failure of a seaman’s employer to provide adequate medical care was a basis for awarding punitive damages in cases that date back to the 1800’s.
The word maintenance includes food and lodging expenses of the seaman, and cure refers to the medical treatment.
If the shipowner arbitrarily and capriciously denies maintenance and cure to the injured seaman, it may be held responsible not only for compensation damages called compensatory damages, but also may be held liable to pay for the attorney’s fees, as well punitive damages. The law firm of RIVKIND & MARGULIES, P.A. can evaluate your case to determine whether you have received appropriate maintenance and cure benefits, and if not, whether you are entitled to compensatory and punitive damages. Although maintenance and cure sounds similar to worker’s compensation, it is very different, and experienced maritime personal injury and wrongful death attorney can explain to you the rights of a seaman under the general maritime law of maintenance and cure. The law firm of RIVKIND & MARGULIES, P.A., have successfully helped thousands of seamen obtain their maintenance and cure benefits.
In one case, a crewmember was critically ill and required sophisticated medical care and treatment. The shipowner initially refused to provide the necessary treatment in the United States. The seaman could receive the appropriate care in his home country. Our firm was successful in getting the crewmember to the United States for the critical medical care and treatment, which eventually was provided and saved his life.