Ship Lawyer Jones Act Claims 2 — Questions and Answers
Question 1: What does 'maintenance' refer to in the context of a seaman's right to maintenance and cure?
- A daily living allowance paid while a seaman is sick or injured ashore (Correct answer)
- Upkeep costs for the vessel
- Seaman's wages during the voyage
- Medical equipment maintenance
Correct answer: A daily living allowance paid while a seaman is sick or injured ashore
Maintenance is a daily stipend paid to an injured or ill seaman to cover basic living expenses such as food and lodging while recuperating ashore.
Question 2: What is 'cure' in the context of a seaman's right to maintenance and cure?
- Payment of medical expenses until maximum medical improvement (Correct answer)
- A full recovery guarantee
- A lump-sum settlement payment
- Physical therapy benefits only
Correct answer: Payment of medical expenses until maximum medical improvement
Cure requires the shipowner to pay for the seaman's medical treatment until the seaman reaches maximum medical improvement (MMI), regardless of fault.
Question 3: What is 'unearned wages' as a component of the maintenance and cure obligation?
- Wages owed for the remainder of the voyage during which the seaman was injured (Correct answer)
- Overtime wages for pre-injury work
- Bonus payments at voyage end
- Wages for future voyages
Correct answer: Wages owed for the remainder of the voyage during which the seaman was injured
Unearned wages are the wages a seaman would have earned for the remainder of the voyage if not disabled by illness or injury during the voyage.
Question 4: Under the Jones Act, what defense is available to an employer when a seaman's injury results entirely from the seaman's own intoxication?
- Comparative negligence reducing damages (Correct answer)
- Complete bar to recovery
- Assumption of risk
- Fellow servant rule
Correct answer: Comparative negligence reducing damages
Under the Jones Act, a seaman's contributory negligence, including intoxication, only reduces damages proportionally under comparative fault principles — it does not completely bar recovery.
Question 5: What type of vessel must a worker be connected to in order to qualify for Jones Act seaman status?
- A vessel in navigation on navigable waters (Correct answer)
- Any watercraft regardless of location
- Only ocean-going vessels
- Only U.S.-flagged vessels
Correct answer: A vessel in navigation on navigable waters
To qualify for Jones Act protection, the worker must be assigned to a vessel that is in navigation on navigable waters of the United States.
Question 6: Which Jones Act remedy specifically compensates a seaman for future lost earnings and pain and suffering beyond maintenance and cure?
- Negligence damages (Correct answer)
- Unseaworthiness damages
- General average contribution
- Indemnity
Correct answer: Negligence damages
A successful Jones Act negligence claim allows recovery of full compensatory damages including past and future lost wages, medical expenses, and pain and suffering.
Ship Lawyer Jones Act Claims 2
What does 'maintenance' refer to in the context of a seaman's right to maintenance and cure?