Russian transportation city officials are blaming errors made by the captain as the reason for the sinking of an Indonesia-flagged vessel in the Sea of Okhotsk.
Learn More >>Maximum Medical Improvement
Maximum Medical Improvement (MMI) refers to a state beyond which an injured Jones Act seaman cannot be expected to recover physically.
The concept of Maximum Medical Improvement is extremely important in the context of an injured Jones Act seaman. A seaman has the right to receive maintenance and cure payments from his employer during his injury. These payments must begin as soon as the injury occurs, and must continue until the seaman reaches a state of Maximum Medical Improvement, or a stage beyond which physicians do not expect him to recover.
Maximum Medical Improvement and Maintenance and Cure
Once the seaman reaches a state of Maximum Medical Improvement, maintenance and cure payments cease. The employer is now no longer required to pay maintenance expenses, or meet the seaman's medical expenses. It is therefore extremely important to correctly determine that the seaman has reached a state of MMI.
It's important to understand that reaching a state of Maximum Medical Improvement does not mean that the seaman is now medically and physically fit to return to work. Take for instance, a seaman who has suffered a spinal cord injury on a vessel. After a few weeks or months, he may be declared to have reached a state of Maximum Medical Improvement. The seaman may still be in a state of partial or complete paralysis, and will have difficulty returning to work. But because doctors and other healthcare providers can no longer do anything to improve his medical condition, he will be deemed to have reached a state of Maximum Medical Improvement.
Maritime Employers Must Determine MMI Accurately
Obviously, it's very important that MMI be determined accurately because it means the end of the maintenance and cure rights of a seaman. Employers are required to determine whether the seaman has reached a state of MMI, correctly.
If you have questions about your maintenance and cure rights, contact a maritime attorney at Schechter McElwee Shaffer and Harris. Our maritime lawyers have represented thousands of Jones Act seamen over the years, and helped them protect their rights. Contact our offices for a free initial consultation or email us at info@smslegal.com.
Follow Us