Seaman's Rights

A seaman who becomes injured or falls ill while in the service to a vessel has an absolute right to receive his unearned wages through the end of his voyage and the benefits of maintenance and cure.

Seamen have a right to these benefits regardless of fault on the part of the employer or any other party.  These rights are the unconditional responsibility of the seaman's employer and are in addition to any rights and benefits to which the seaman may be entitled under the Jones Act.

A sick or injured seaman has a right to maintenance and cure benefits until such time that he reaches maximum medical improvement.  These rights encompass other rights as well, such as the right to choose his own doctor or medical providers and the right to a second opinion beyond the diagnosis or prognosis of a company doctor.  Cure benefits include reasonable and necessary medical treatment, durable medical equipment and supplies, and medications related to the treatment of the injury or illness or any other condition that may develop secondary to the original condition.  Maintenance benefits are historically based on a minimal daily subsistence rate.  In more recent years the courts have interpreted the right to receive maintenance benefits and the employer's duty to provide these benefits as a requirement that the employer provide adequate benefits to cover the seaman's basic living expenses.  Such expenses include rent or mortgage payments, utility expenses, and food costs.

Another right encompassed in the seaman's right to receive maintenance and cure is the right to bring a maintenance and cure action or lawsuit against an employer who either refuses to provide the benefits or provides inadequate benefits.  A seaman who is forced to bring a claim against his employer to enforce his right to receive maintenance and cure may be entitled to make a claim for attorney's fees for this cause of action.

A seaman's right to receive maintenance and cure ends when he reaches Maximum Medical Improvement or MMI.

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