Williamson & Williams - Seattle Law Firm

INJURIES AT SEA:
YOUR RIGHTS AND REMEDIES BENEFITS REGARDLESS OF FAULT


If you are injured or become ill while in the service of a vessel, you have three important rights, regardless of whether the injury or illness was caused by the negligence or fault of another.

These rights are:

1. CURE: You may consult with a physician of your choice at the employer's expense. You are not required to seek treatment from a physician selected by your employer. You may ask to see a specialist for necessary diagnostic procedures. You are entitled to physical therapy or other rehabilitative treatment. If you become ill while aboard a vessel, medical expenses must be paid by your employer, not you or your insurance.

2. MAINTENANCE:
You are entitled to compensation for the loss of room and board while unable to work due to an on-the-job injury. The amount can be set by your employment contract; otherwise it is a reasonable sum, generally $20.00 to $30.00 per day. Maintenance and Cure are both payable until you become medically stable.

3. WAGES UNTIL THE END OF THE VOYAGE:
You have a right to wages until the end of the voyage during which you are injured or become ill.

BENEFITS FOR INJURIES OR ILLNESS BASED ON FAULT
If you are injured because of the fault of some other person on the vessel or some negligent act or unseaworthy condition, such as defective equipment, you are also entitled to assert a claim against your employer for lost income, pain and suffering, future medical expenses, disability, potential loss of future income and other benefits. These claims are sometimes resolved without the need for formal legal action or, where necessary, the claims are asserted in a lawsuit for damages filed in Court.


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