Maintenance and Cure are one of the most crucial ideas in marine law. The phrase alludes to the shipowner’s duty to offer minimal assistance to seamen who sustain injuries or illnesses at sea. To effectively defend wounded seafarers and ensure they receive their due compensation, maritime attorneys must comprehend the subtleties of alimony and recuperation.
What are Maintenance and Cure?
Maintenance and cure is an ancient maritime remedy for sailors injured while in service on a ship and is mandated by law. Maintenance and cure are paid in addition to what can be recovered due to negligence or insufficiency. If your employer refuses to pay alimony or cure, you can sue your employer for alimony. In many cases, a letter from an experienced maritime attorney will result in the employer agreeing to start paying alimony and cover medical (treatment) costs.
Maintenance
In maritime law, maintenance refers to the expenses for keeping you and your daily routine when you cannot work. Pay rent and utilities, buying groceries, and paying insurance and taxes, are covered under this aspect of the law if you cannot work and earn wages due to an injury on board. You have the right to receive the money you need for all other necessities related to your home.
The right to maintenance from the employer stems from the fact that the shipowner is responsible for boarding and accommodation on board. This also applies to your day-to-day needs when you are off the ship and unable to work due to injury or illness. The service does not cover unnecessary things such as cable bills and car gas bills. This law is specific to household items.
Cure
Cure refers to injuries and illnesses caused by working as a sailor. Your employer is required by law to cover any medical expenses incurred as a consequence of this illness or injury. This covers all necessary treatments, including prescription medications, doctor visits, physical therapy, and medical expenses.
Maintenance and cure for Illness
This right does not apply only to injuries that occur on board. Working on ships is a dangerous and high-risk job, and accidents are common, but sickness can occur as a result of or during the job. Your disease doesn’t need to be connected to your task or the conditions on board. You are still entitled to support and care from your employer while recovering if you cannot work due to illness and get sick while traveling.
Who are eligible for maintenance and cure?
To be eligible for these privileges, you must meet the requirements for being considered a seafarer. Both laws define seafarers as workers who spend at least 30% of their time on a ship performing tasks essential to the ship’s operation when the ship is in navigable waters.
What are the costs covered in maintenance and cure?
While a seafarer cannot work due to an accident or sickness, alimony, and medical insurance are intended to fulfill basic requirements. This covers travel, hotel, and medical costs.
Depending on the situation’s specifics, a seafarer may be entitled to different maintenance payments. The cost of living in the area where the seafarer is supported often determines the amount of alimony. This implies that maintenance requirements might vary greatly depending on where the crew is located.
When Must You Speak with a Maritime Attorney?
Speaking with a marine attorney immediately is critical if you are hurt or get ill while working on board. You can negotiate the complicated world of maritime law with an expert Maintenance and Cure maritime lawyers, who will also ensure you get the compensation you are legally due. A marine lawyer can assist you in comprehending your rights under the maintenance and cure principles and aid ship owners fulfill their duties to provide for your fundamental necessities. Moreover, it assists you in navigating the claims procedure and negotiating a reasonable settlement with the shipowner or his insurance.
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