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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Unseaworthiness and The Jones Act

Seaman are compensated for injuries sustained aboard ship by three separate concepts: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act. The principle of maintenance and cure requires a shipowner to pay for medical care, and provide basic living expenses for any seaman injured on a ship, regardless of whether the shipowner is at fault. It is similar in some ways to workers' compensation.

The question then arisis, can a seaman be denied maintenance and cure if the injury is dur to wilful misconduct? At least one U.S. marine contruction company says so---Weeks Marine.

Weeks is wrong, of course. They usually are. But that doesn't stop them from sometimes leaving seamen high and dry and without medical care when a seaman is injured while working for them.