Working on the sea can be all exciting until an accident occurs to you. Some accidents become fatal and can cause severe injuries or even death. Learning about your workers’ rights is vital to ensure you know what you are entitled to in case of an accident. After an accident, most employers might deny you compensation or give you a small portion of it. This is why you need a qualified maritime lawyer to help you file your case to get compensation. You can click here to contact a lawyer if you don’t know how to find a lawyer. As a worker at sea, your maintenance and cure benefits begin immediately after you get injured. This article will outline everything about maintenance and cure benefits.
Understanding Maintenance and Cure
Maintenance and cure are legal terms used to refer to the payment received as compensation to a worker in case of a maritime accident. This payment can be given to stevedores, crew members, dock workers, and other employees working offshore and in the sea.
Maintenance refers to the compensation of the employee expenses on regular bases after the injuries. This includes the money for housing as the worker gets medication off the ship since before the injury, they are on board and housed by the vessel they are in. The maintenance also helps to pay off expenses they incur through the meals they eat, mortgage, water, and power bills. However, it would help if you did not have those other expenses such as internet services, and telephone is not included in the maintenance.
The cure refers to all the medical expenses associated with the injury. The workers are obligated to receive medical compensation until they have fully recovered. However, if the injury led to disability, the worker is eligible to receive permanent disability compensation.
Eligible Worker for Maintenance and Cure Under Maritime Law
The maritime laws help protect workers’ rights by ensuring they get compensation for an injury irrespective of who was at fault. These laws also allow workers to sue their employer for negligence, unlike the state’s law. The workers only need to show at least one percent of the employers or ship owners’ negligence to receive the compensation. If you started working near the water and an accident happened to cause you injuries, you can also qualify for compensation under these laws.
- The Longshore and Harbor Workers Compensation Act (LHWCA)
The LHWCA was explicitly created to cover workers working in the maritime industry, such as harbor workers, dockworkers, and longshoremen. It helps every worker injured in navigable water, including those who load, repair, offload and build vessels. Through the LHWCA, the workers can receive a total disability of sixty-six and two third percentage of the employer’s weekly wage. If the injury caused disability, you are eligible for permanent partial disability compensation.
- The Jones Act
This helps workers who work at the sea to get compensation. However, to qualify, you must meet the full definition of a seaman, and the injury cause should be related to your work. If the injuries are due to the negligence of another crew member, the Jones act helps the workers to file for compensation.
When you get involved in an accident or suffer injuries, you must seek a maritime lawyer to help you file a complaint. Ensure you can prove that the cause of your injury was because of negligence.