Ship Lawyer Jones Act Claims 2

Question 1

What does 'maintenance' refer to in the context of a seaman's right to maintenance and cure?

Accepted Answer

A daily living allowance paid while a seaman is sick or injured ashore

Answer

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?

Accepted Answer

Payment of medical expenses until maximum medical improvement

Answer

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?

Accepted Answer

Wages owed for the remainder of the voyage during which the seaman was injured

Answer

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?

Accepted Answer

Comparative negligence reducing damages

Answer

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?

Accepted Answer

A vessel in navigation on navigable waters

Answer

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.

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Ship Lawyer Practice Test

Ship Lawyer Jones Act Claims 2