Some of the most dangerous careers put people out on the open ocean. Professional fishermen, for example, are at significantly elevated risk of job-related mortality when compared with other professions. Oil rig workers and others who perform job functions on the open ocean are especially vulnerable to severe work injuries and even fatal incidents on the job.
Unlike employees who do their jobs on land, maritime professionals generally do not have the option of filing a straightforward workers’ compensation claim if they get hurt. Instead, they have the option of taking legal action in pursuit of financial compensation if they get hurt at work.
Under the Jones Act, which is section 27 of the Merchant Marine Act of 1920, injured maritime employees can pursue civil litigation when seeking maintenance and cure from their employers. Understanding what those terms mean can help maritime employees pursue economic justice after a workplace incident.
What is cure?
Cure refers to the medical care necessitated by an on-the-job injury or illness. Cure can range from emergency trauma care and resuscitation efforts after a near-drowning to cancer treatment for an employee routinely exposed to carcinogenic materials in the workplace. Any reasonably necessary medical expenses related to a job-acquired medical condition could contribute to the amount of cure relief sought by an injured or sickened maritime employee.
What is maintenance?
Maritime jobs are highly demanding, which means professionals must be physically and mentally fit to work safely. However, maritime workers often earn competitive wages for accepting the dangers of their chosen profession.
In many cases, injuries and illnesses may force maritime employees to take weeks or months away from work. They may not be able to earn their usual wages during that time. If an incident causes permanent medical challenges, a professional may never be able to return to the same career. Maintenance refers to lost wages and lost earning potential triggered by an on-the-job incident.
Injured maritime professionals and those who lost a loved one in a maritime incident generally need help seeking compensation. Determining the amount of cure and maintenance necessary is a critical component of any successful maritime work injury lawsuit. Reviewing what occurred and the impact of an acquired medical condition with a skilled legal team can help maritime employees assert their rights concerning federal workplace regulations.