Money for Injuries and Disabilities

Maritime workers and seamen are eligible to receive financial compensation for injuries according to the ancient principles of maintenance and cure, unseaworthiness of a vessel, and the terms of the Jones Act. Understanding what your rights are and what employers are required to provide injured and disabled maritime workers is important when considering the legal options available to you. Understanding whether your employer has treated you appropriately requires a basic understanding of the following issues in regard to what injured and disabled maritime workers are owed by their employers:

Maintenance and Cure

While the doctrine of maintenance and cure goes back to the middle of the 12th century, it is the foundation for much of modern admiralty law in prescribing duties employers owe to injured maritime workers. According the principle of maintenance and cure, ship owners are required to provide both medical care and financial assistance to injured seamen – unless the injuries in question were caused by gross negligence on the part of the seaman himself. In the case of maintenance, this includes lost wages and basic expenses necessary for supporting an injured seaman while he or she recovers. In the case of care, employers are required to provide access to medical care and assistance.

Unseaworthiness and Employer Liability

When a ship owner fails to properly maintain a ship, observe safety standards, secure a qualified crew, or provide for the upkeep of a vessel, they are liable for any injuries that occur as a result. Under the Jones Act, the notion of ''unseaworthiness'' refers to any act or failure on the part of a ship’s owner that leads to working hazards and physical dangers that result in injuries to seamen. In cases involving unseaworthiness and injuries, seamen are eligible to receive additional damages on top of maintenance and cure. Due to the liability of a ship’s owner, injured or disabled seamen can recover lost and future wages, expenses for medical treatment, and loss in quality of life.

Recovery under the Jones Act

The Jones Act is, in many ways, a codification of the principles of ancient admiralty law. Using many of the same principles of the Federal Employers Liability Act (FELA) covering railway workers, the Jones Act assigns liability to ship owners and employers whose negligence leads to injuries on the high seas. Under the terms of the Jones Act, injured maritime workers – whether seamen or not – are entitled to recover damages for injuries sustained both on board and ashore in work related to a operating ship in navigable waters.

Preparing a Claim

If you have questions regarding rights owed or denied you by your employer, contact Bailey & Galyen. Our attorneys will review your case and determine how best to proceed to recover damages for your injuries or disability.