Maintenance and Cure Obligations in Houston

Working onboard a ship or vessel comes with certain dangers, and sustaining injury or illness is not uncommon. The severity of injuries depends on several factors, including the work you do, the time you stay out to sea, and more. The problem is workers’ compensation options do not apply to maritime workers. Instead, you must focus on seeking compensation through Maintenance and Cure laws.

If you or someone you love was injured while working on a boat, we can help you understand the compensation benefits you may be entitled to receive. At Schechter, Shaffer & Harris LLP, we know the maritime laws that may apply to your situation and all maintenance and cure obligations in Houston.

What Are Maintenance and Cure Laws?

Maintenance and cure laws specifically compensate seamen or sailors injured while working on a ship. They state that the vessel owner must provide compensation if a worker becomes ill or sustains injury onboard. Compensation is not negotiable, and if the owner refuses to pay, the injured worker is encouraged to seek legal help.

The seaman does not need to be able to prove negligence or fault falls on the employer to take advantage of maintenance and cure laws. However, according to The United States Courts for the Ninth Circuit § 7.11, they must be able to prove:

• They were a seaman
• They were injured or became ill while in the service of the vessel, and
• The amount of maintenance and cure they are entitled to receive.

The vessel owner must pay for maintenance and cure if you can prove you were hurt on the boat. Maintenance covers the seafarer’s daily cost of living (rent, electricity, food), and cure is the cost of treatment within reason. The vessel owner is not obligated to cover treatment for medical conditions that are unrelated, unnecessary, or unreasonably expensive.

Who Qualifies for Maintenance and Cure?

Anyone who works onboard a boat is eligible for maintenance and cure compensation if:

• They spend at least 30% of their work time on a vessel
• They contribute to the running of that vessel
• They work on a boat that travels in navigable waters

Therefore, if the injured seaman does not work full time on the boat, they may not qualify to receive compensation for their injuries through this maritime law. However, this does not mean no compensation options are available, as many laws are in place to protect seafarers, including the Jones Act and Longshore and Harbor Workers’ Compensation Act.

How Long Will Maintenance and Cure Obligations Last?

The right to benefits does not last forever. Under maintenance and cure laws, a person is entitled to compensation only until their physician states they have reached maximum medical improvement (MMI). This means that the sailor has reached the end of treatment, whether fully healed or not. The sailor is not entitled to indefinite compensation if left with a chronic condition.

What to Do After Injury or Illness

Injuries sustained on the sea are often traumatic, if not deadly. In some cases, this means lost wages, medical expenses, and the loss of future earning potential. The vessel owner must report an accident or illness immediately. Therefore, establishing proof that the injury or illness occurred while on board will be vital if injured in a ship accident.

This ultimately means reporting the incident to the ship’s captain and seeking medical attention immediately. This will play a vital role in establishing a timeline of events. It is also important to remember that there may be a statute of limitations regarding the incident. Maritime Liability US Code § 30106 establishes a time limit of three years for personal injury or death claims.

Call a Houston Lawyer for Help with Maintenance and Cure Claims

If you were injured onboard a boat while working, you should speak with a legal representative as soon as possible after the incident. Maritime laws in Texas can help you by ensuring all maintenance and cure obligations in Houston are being met by the vessel’s owner.

We aim to educate you on your rights regarding compensation for your specific circumstances, how they apply to maintenance and cure, and whether you have another form of personal injury claim. Contact Schechter, Shaffer & Harris, LLP, to request a free consultation.