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An Overview of Maritime Accidents Compensation

An Overview of Maritime Accidents Compensation People who work in maritime vessels do not have access to workers compensation claims like employees who work offshore. According to the website of Williams Kherkher, injured seafarers do not have access to emergency medical care until they are rescued or their vessel is able to return to shore. Fortunately, they can rely on the Jones Act to recover damages due to the negligence of the ship owner, their captain, and other crew who caused their injury. Under the Jones Act, employers have the following responsibility to their crew: Provide a reasonably safe place to work Use ordinary care under the circumstances to keep the vessel a safe place to work in The Jones Act The Jones Act makes the employer liable for any unsafe condition on the vessel which includes grease or oil on the deck, breakage of equipment, improperly maintained equipment, failure to provide crew members with the proper equipment for doing their work, and others. Unlike standard negligence cases, the plaintiff only needs to prove that the defendant was partially responsible for their injury. So even if the owner is only 1% responsible, they can still recover damages. In addition, maritime law requires employers to provide their vessel crew free medical care and maintenance until maximum medical cure has been provided. Maintenance includes pain medications, prostheses, and disability aids. It also includes basic living expenses while convalescing. Available Damages Under the Jones Act, an injured seaman, sailor, or ship worker shall be entitled to the following damages: Maintenance and Cure Maintenance is given as a daily stipend or allotment to cover room and board while on recovery. This includes the time the voyage has ended until “maximum cure” has been given. The latter is determined by medical professionals. Medical cure, on the other hand, includes payments for medical expenses such...
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