Our Houston Jones Act lawyers point out that back when the Jones Act was passed, being a seaman aboard a commercial vessel was one of the most dangerous occupations in the U.S. The intent of the Act was to ensure that ship owners abided by their historical duty to provide Maintenance and Cure to the ill or injured seamen who served their vessels.
Under the Jones Act, “Maintenance” is the compensation that covers the daily cost of the food and shelter that the seaman would receive while working aboard the vessel. This relatively small sum might be as little as $20 per day, and generally not more than $50 per day.
“Cure” is the cost of the medical treatment, hospital stay, doctors’ and nurses’ charges, therapies, medications, and medical equipment required to get the ill or injured seaman fully recovered (or as recovered as is possible in the context of his illness or injury). In other words, when the seaman reaches the state of maximum medical improvement that can be expected, “Cure” payments by the ship owner can stop. Cure is by far the more expensive part of the “Maintenance and Cure” duty.
Naturally profit-conscious ship owners have sought to limit the amount and duration of their “Cure” payouts. And litigation over the extent of the required “Cure” has resulted in the standard of “maximum cure” or “maximum medical improvement.” What this means to the injured or ill seaman is that generally, when medical professionals determine that a condition is permanent or incurable, or basically cannot improve any further because the seaman has reached his state of maximum medical improvement, the ship owner’s duty of Maintenance and Cure ends.
As you might notice, this “maximum medical improvement” rule could leave a grievously ill or injured seaman in the lurch after a certain point. But our Houston Jones Act lawyers emphasize that determining the true extent of a seaman’s injuries and actual prospects for further improvement can be challenging. Different medical professionals might have quite different opinions on the matter. Ensuring that the ship owner complies with legal obligations under the Jones Act could require the aggressive and knowledgeable assistance of a Houston Jones Act lawyer.
If you’re an injured seaman and the owner of the vessel you served is trying to weasel out of legal obligations by insisting that you’ve received your maximum cure, contact our Houston Jones Act lawyers for some maximum legal intervention. Our in-depth knowledge and practical skill regarding the issues surrounding a ship owner’s obligations under the Jones Act could be instrumental in helping you to obtain the full Maintenance and Cure compensation to which you’re entitled by your illness or injury. Call us today toll free at 877-307-9500 or use our online contact form to schedule your free consultation.