
What is Maintenance and Cure?
These are common questions for a San Diego Jones Act lawyer:
What is Maintenance and Cure?
What is Maintenance?
What is Cure?
What is Jones Act maintenance and cure?
Under General Maritime Law and the Jones Act, you - - that is, a Seaman or Crew Member of a vessel or an identifiable fleet of vessels - - have some basic rights if you are injured either while in the course and scope of your employment or while on a cruise or voyage.
You don’t have to show fault, negligence or an unseaworthy vessel in order to be eligible for maintenance and cure.
Cure:
“Cure” is the obligation of your employer to provide medical treatment, hospitalization, surgery, prescription medication, therapy, rehabilitation, nursing services, prosthetic, modalities, and/or medical services.
The most basic right you have is to receive medical treatment. Turns out, this is the one of the two biggest reasons people call my office. Because they are not receiving medical treatment or the quality of the medical treatment is inadequate. If only vessel owners and their insurance companies treated folks right to begin with. But they don’t.
You are entitled to the doctor of your choosing. One of the big mistakes we see injured Seaman make is going to see the company doctor to begin with. Then an argument ensues. Invariably the insurance company will swear that you voluntarily choose the company doctor that is not saying, “You are fine, back to work.”
We can help you find the best doctor for your injuries.
We keep lists of the best doctors for different medical specialties. These doctors are chosen for their skill as physicians and surgeons. You will choose your doctor depending on what specialty and location you are in. We usually don’t have some “relationship” with these doctors. They are independent doctors. Chosen because of their reputation as physicians and surgeons. You need to choose your doctor based upon their skills to make you better. You need a doctor that “calls it the way they see it.” That is all you can ask for. A doctor that is trying to get you better and back to work, if possible.
Under the general maritime law (which applies to Jones Act Seamen), your employer is obligated to pay for your reasonable medical care. That is, care which is related to all medical conditions which manifest while you are in service to the vessel until the time your reach maximum medical improvement.
What is a Jones Act case?
The Jones Act
Who is a Jones Act Seaman? (Seaman Status)
What is Jones Act Maintenance and Cure?
What is Maintenance under the Jones Act?
What is negligence under the Jones Act?
What do you have to prove in a Jones Act negligence claim?
What is unseaworthiness?
How does the law define unseaworthiness?
How do I prove the vessel was unseaworthy?
If you are a seriously injured Jones Act Seaman, how are you going to support your family?
Some Jones Act “truths”
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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