Maintenance & Cure Under the Jones Act...
Maintenance and Cure Under the Jones Act
In any accident, whether shipboard or shoreside, injury victims are generally entitled to a similar form of compensation. These include economic damages, which are damages you can easily put a price tag on (lost wages, medical expenses, transportation to therapy, household help, etc.). There are also non-economic damages, where it is more difficult to determine a specific dollar amount. There are no organized medical bills, taxi receipts, or cancelled checks for rent as in the case of economic damages. Non-economic damages include things like pain and suffering, mental anguish, loss of consortium, loss of affection, etc.
With injuries associated with the Jones Act (as a crew member associated with a vessel or fleet of vessels), the claimant is entitled to "maintenance and cure." Below is a description of these rights...
Maintenance - living expenses, which can include:▪ Rent or mortgage▪ Groceries▪ Utilities (electric, gas, water, internet, cable)▪ Car insurance and gas
Cure - medical expenses related to the injury, which can include:▪ Emergency room▪ Follow-up doctor visits▪ Surgery▪ Radiology - X-Rays, CTs, or MRIs▪ Diagnostic Testing - neurological, orthopedic, respiratory▪ Physical therapy or chiropractic treatment▪ Dental How long does maintenance & cure last? The benefit runs until the crew member reaches something known as MMI, or Maximum Medical Improvement .
With injuries associated with the Jones Act (as a crew member associated with a vessel or fleet of vessels), the claimant is entitled to "maintenance and cure." Below is a description of these rights...
Maintenance - living expenses, which can include:▪ Rent or mortgage▪ Groceries▪ Utilities (electric, gas, water, internet, cable)▪ Car insurance and gas
Cure - medical expenses related to the injury, which can include:▪ Emergency room▪ Follow-up doctor visits▪ Surgery▪ Radiology - X-Rays, CTs, or MRIs▪ Diagnostic Testing - neurological, orthopedic, respiratory▪ Physical therapy or chiropractic treatment▪ Dental How long does maintenance & cure last? The benefit runs until the crew member reaches something known as MMI, or Maximum Medical Improvement .
Maintenance & Cure is part of the package of rights for commercial mariners aboard U.S. flag-vessels under the Jones Act. For cases filed in federal court, the provisions should operate similarly throughout the following districts of the federal court system: 1st District - Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico; 2nd District - Connecticut, New York, Vermont; 3rd District - Delaware, New Jersey, Pennsylvania, Virgin Islands; 4th District - Maryland, North Carolina, South Carolina, Virginia, West Virginia; 5th District - Louisiana, Mississippi, Texas; 6th District - Kentucky, Michigan, Ohio, Tennessee; 7th District - Illinois, Indiana, Wisconsin; 8th District - Arkansas, Iowa, Minnesota, Nebraska, North Dakota, South Dakota; 9th District - Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington; 10th District - Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming; 11th District - Alabama, Florida, Georgia; District of Columbia