Ship Lawyer Maintenance and Cure Rights

Question 1

What is the historical origin of the seaman's right to maintenance and cure?

Accepted Answer

Ancient maritime custom codified in the Oleron Rolls

Answer

The Jones Act of 1920

Answer

The Merchant Marine Act of 1936

Answer

British Admiralty Court decisions

Question 2

At what point does a shipowner's obligation to pay cure terminate?

Accepted Answer

When the seaman reaches maximum medical improvement (MMI)

Answer

When the voyage ends

Answer

After 1 year of treatment

Answer

When the seaman returns to work

Question 3

What daily maintenance rate is typically paid to an injured seaman, and how is it determined?

Accepted Answer

The rate varies and is set by contract, custom, or court decree

Answer

Always $35 per day by federal regulation

Answer

Equal to the seaman's daily wage

Answer

$100 per day mandated by the Jones Act

Question 4

Can a seaman recover maintenance and cure for an illness that pre-existed employment if the vessel's service aggravated the condition?

Accepted Answer

Yes, if vessel service aggravated the pre-existing condition

Answer

No, pre-existing conditions are always excluded

Answer

Only if the condition was disclosed at hiring

Answer

Only for injuries, not illnesses

Question 5

What must a seaman prove to establish entitlement to maintenance and cure?

Accepted Answer

That they were injured or became ill while in service of the vessel

Answer

That the employer was negligent

Answer

That the vessel was unseaworthy

Answer

Both negligence and unseaworthiness

Question 6

What penalty can a shipowner face for arbitrarily refusing to pay maintenance and cure?

Accepted Answer

Compensatory damages plus attorney's fees and possibly punitive damages

Answer

Only the owed maintenance amount

Answer

A civil fine from the Coast Guard

Answer

Criminal prosecution under maritime law