Who Will Decide How Much Money I Receive for Maintenance and Cure After a Maritime Injury

Q
Who Will Decide How Much Money I Receive for Maintenance and Cure After a Maritime Injury?
A
As a seaman, you ask a good question. While the doctrine of maintenance and cure is well established in federal law, it often remains the subject of dispute in maritime law cases. Generally, your employer and you, together with your New York Jones Act attorney, will negotiate and come up with a mutually agreeable amount for maintenance and cure. You will then enter a legally binding settlement that will allow you to recover the agreed upon amount of money.

Occasionally, an agreement is not able to be reached. In my experience, this happens when an employer is unwilling to provide an injured seaman with the maintenance and cure that he deserves pursuant to the law. In those cases, a New York Jones Act lawyer will file a case on your behalf in federal court, and a judge or jury will decide on maintenance and cure if a settlement is not reached before trial.

If you are an injured seaman who may be entitled to maintenance and cure, please contact an experienced New York maritime lawyer at 1-800-3-MAY-DAY to learn more about your rights.