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law of maintenance and healing you should know


maintenance and cure law you should know


Maintenance and medical law are governed by general maritime law. It is only available to persons who qualify as sailors. To be a sailor, you must work at least 30 percent of your time on a ship or fleet under common management or ownership. Your claim for care and treatment is against your employer and allows you to incur medical (healing) and living (maintenance) costs if you sustain injury or illness while employed on the ship. 


Maintenance is to provide a livelihood to an injured sailor while recovering on land from illness or injury while working on a ship. It generally includes some of the sailor's reasonable living expenses. Healing is a reasonable medical expense for the sailor. Care and treatment are discontinued when the seaman reaches maximum treatment. 


You can try to increase your care and recovery. One of the most common ways to increase your maintenance is to provide your employer with a written list of all of your monthly expenses. Legally, your caregiver must have enough money to pay for your monthly bills. It is very important that you submit your monthly expenses to your employer in writing. Even if your employer doesn't raise your subsistence level, at least you have realized that your business needs more money to pay for your living expenses. 


If you go to court against your company, you can use this evidence against them in court or jury. Another way you can try to improve your care and treatment is to ask about any disability insurance you may have through your company. It is very important that you sign up and try to collect a disability if you have such a policy from your company. Just because you collect your living expenses doesn't mean you can't qualify for and collect disability benefits. 


Care and treatment legislation can be very complex. It is a very special right that injured sailors have in addition to possible claims under the Jones Act. It is very important that injured mariners exercise their rights under maritime care and medical law as well as their rights under the Jones Act. 

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