If you work at sea, injuries can happen when you least expect them. The Jones Act gives you the right to recover compensation for injuries caused by your employer’s negligence. But beyond financial damages, this law also ensures you receive the medical care you need to recover and return to work safely.
Understanding maintenance and cure
Under the Jones Act, injured seamen are entitled to something called “maintenance and cure.” Maintenance refers to daily living expenses such as food and housing while you recover. Cure covers the medical costs related to your injury until you reach maximum medical improvement. This means your employer must pay for doctor visits, surgeries, medications, and rehabilitation until your condition has stabilized.
Employer responsibility for medical expenses
Your employer must provide medical treatment that is reasonable and necessary for your recovery. This includes hospital stays, physical therapy, and transportation for medical appointments. If your employer refuses to cover these costs, you have the right to pursue legal action under the Jones Act to enforce payment. Employers cannot avoid this duty by claiming you were partly at fault, as the law still requires them to provide maintenance and cure.
Choosing your own doctor
Many seamen do not realize they can choose their own doctor. While an employer may suggest a company-approved physician, you are not required to accept their recommendation. You can select a medical professional you trust to oversee your treatment. If a dispute arises about the cost or type of care, the court will usually side with what is reasonable and supported by medical evidence.
When medical benefits end
Your right to maintenance and cure continues until you reach maximum medical improvement. Once doctors determine that additional treatment will not improve your condition, your employer’s obligation ends. However, if your injury prevents you from returning to work, you may still pursue additional compensation for lost wages and pain and suffering under the Jones Act.
