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The Steinberg Law Firm Offshore Injury Litigation |
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The Steinberg Law Firm, P.C. 3200 Travis, Suite 300 713-529-0025 |
Free Case Evaluation: E-Mail Mr. Steinberg Maintenance & Cure The ancient duty of the vessel and shipowner to provide maintenance and cure to a sick or injured seamen is a right afforded seamen by the General Maritime Law as a consequence of his status as a seaman and service to the vessel. The right arises from the contract of employment and the peculiar relationship existing between the seaman and his vessel. Calmar S.S. Corp. v. Taylor, 303 U.S. 525 (1938). While there may be a requirement of causal connection where there has been a traumatic shipboard injury, there obviously cannot be such a requirement with respect to an illness which manifests itself during service. In the case of an illness, all that is necessary is that the illness manifest itself during service. 2 M. Norris, The Law of Seamen, § 26:8 (4th ed. 1985). When evaluating an occupational injury or illness case for a seaman, keep in mind that the seaman has at least three causes of action in the maritime law against his employer/vessel owner; the Jones Act, unseaworthiness, and the duty to provide maintenance and cure. Even if the seaman cannot prove Jones Act negligence or unseaworthiness, he may be entitled to maintenance and cure if he can show that the injury or illness was sustained while in service to the vessel. Contact us to discuss your case The Steinberg Law Firm investigates offshore injury claims. Please contact us for a free legal consultation. Please E-Mail Andrew E. Steinberg* at: slawfirm@swbell.net or submit your case here. *Not Certified by the Texas Board of Legal Specialization.
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