Monday, May 15, 2017

Am I Eligible to File for Maintenance and Cure?

Originally published by PaperstreetWebDesign.

Maintenance and cure benefits are available to injured maritime and offshore workers who qualify as “seamen” under the Jones Act. Are you eligible to file for maintenance and cure? Here is what you need to know: Who Qualifies as a Jones Act “Seaman”? While the Jones Act establishes a number of specific requirements for establishing “seaman” status, generally speaking, a seaman is anyone who works onboard a vessel in navigation on open water. Eligible vessels include: Barges and lay barges Crew boats Cruise ships Fishing vessels Freighters Jack-up rigs Movable rigs Semi-submersibles Supply boats Tankers Towboats and tugs Other river and offshore vessels In order to be eligible for maintenance and cure, you must be able to prove that you were injured onboard your vessel. If you slipped and fell or were hit by a piece of material handling equipment (MHE) at port, for example, other laws may apply. Workers who will typically qualify as seamen under the Jones Act include crew members and others who are assigned to fleets of vessels. Longshoremen, harbor workers, pilots, and administrative personnel who work on land do not qualify as seamen, but they can seek compensation for job-related injuries under other laws. Offshore Injuries that are Eligible for Maintenance and Cure Since maintenance and cure are “no-fault” benefits, virtually all offshore injuries are eligible for compensation. As a result, the key in most cases is establishing when and where the injury occurred. You do need to prove the cause of your injury to […]

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