Can a seaman get maintenance and cure benefits at the same time he is suing his employer for Jones Act negligence and unseaworthiness?
Yes, most of the time when a seaman files a complaint, he lists 3 counts. The first count is for the Jones Act negligence of the employer. The second count for the unseaworthiness of the vessel that caused his injury. The third count is for maintenance and cure, if all maintenance and cure has not been properly paid. If the court finds that the seaman is entitled to maintenance and cure, the court can award attorneys’ fees to the seaman’s attorney for having go to court to force the employer to pay maintenance and cure that was owed.
Related Questions
- Must I sue to obtain the benefits of maintenance, cure, and wages, or to obtain additional damages based on negligence or unseaworthiness?
- What amount of "fault" (or negligence) must the employer be guilty of in order for recovery to be allowed under the Jones act?
- What must an employer found negligent under the Jones Act provide to an injured seaman?
