Ship Lawyer Maintenance and Cure Rights 2 — Questions and Answers
Question 1: Does a seaman forfeit maintenance and cure rights by signing a release after an injury?
- Not automatically — courts scrutinize maritime releases for fairness (Correct answer)
- Yes, any signed release bars all claims
- Only if the release specifically mentions maintenance and cure
- No, maintenance and cure can never be released
Correct answer: Not automatically — courts scrutinize maritime releases for fairness
Courts apply heightened scrutiny to releases signed by injured seamen and may void them if obtained without full disclosure, inadequate consideration, or while the seaman lacked independent advice.
Question 2: What is the legal effect of a 'fit for duty' determination by a company doctor on a seaman's maintenance and cure claim?
- It raises a rebuttable presumption of MMI but the seaman may contest it with independent medical evidence (Correct answer)
- It conclusively terminates the obligation
- It has no legal effect unless confirmed by a court
- It reduces maintenance to half the normal rate
Correct answer: It raises a rebuttable presumption of MMI but the seaman may contest it with independent medical evidence
A company physician's finding of fitness for duty is not conclusive and may be challenged by the seaman with independent medical evidence to continue maintenance and cure.
Question 3: Can maintenance and cure be paid in lieu of workers' compensation for a maritime worker?
- It depends on whether the worker qualifies as a Jones Act seaman or falls under LHWCA (Correct answer)
- Yes, always — maintenance and cure replaces workers' comp for all maritime workers
- No — all maritime workers receive state workers' compensation
- Only offshore workers receive maintenance and cure
Correct answer: It depends on whether the worker qualifies as a Jones Act seaman or falls under LHWCA
Jones Act seamen receive maintenance and cure instead of workers' compensation, while non-seaman maritime workers are covered by the Longshore and Harbor Workers' Compensation Act.
Question 4: Must a shipowner provide maintenance and cure for a seaman injured during shore leave?
- Generally yes, if the injury occurred during an authorized activity reasonably incident to the voyage (Correct answer)
- Never — injuries ashore are not covered
- Only if the shore leave was in a foreign port
- Only if the seaman was on official ship business
Correct answer: Generally yes, if the injury occurred during an authorized activity reasonably incident to the voyage
Maintenance and cure extends to injuries during shore leave if the activity was reasonably incident to employment, though injuries from purely personal frolic unrelated to the voyage may not be covered.
Question 5: What is the relationship between maintenance and cure and a seaman's Jones Act negligence claim?
- They are independent remedies that can be pursued simultaneously (Correct answer)
- Maintenance and cure bars a Jones Act claim
- A Jones Act settlement extinguishes maintenance and cure
- They are mutually exclusive alternatives
Correct answer: They are independent remedies that can be pursued simultaneously
Maintenance and cure and Jones Act negligence are independent remedies that can be pursued together, though amounts recovered for medical expenses in one may offset amounts in the other.
Question 6: Under what circumstances does the 'in the service of the vessel' requirement for maintenance and cure apply?
- When the seaman is subject to call and serving the ship's needs, including time between voyages (Correct answer)
- Only when physically on the vessel
- Only during active sea passages
- Only during the contracted voyage period
Correct answer: When the seaman is subject to call and serving the ship's needs, including time between voyages
The 'in service of the vessel' concept is broadly construed and includes time ashore between voyages when the seaman is subject to the ship's call and has not abandoned their employment.
Ship Lawyer Maintenance and Cure Rights 2
Does a seaman forfeit maintenance and cure rights by signing a release after an injury?