The cure benefits that a seaman is entitled to, will begin to kick in as soon as the seaman is injured. Cure refers to the expenses involved in the medical treatment of the seaman. Cure is part of the maintenance and cure benefits that every seaman is entitled to.

Under his cure rights, a seaman has the right to medical treatment, including doctor’s fees, hospitalization expenses, cost of nursing services, and cost of medications. In cases where the seaman has been severely injured and requires physical therapy to return to his earlier physical form, cure benefits must cove these too. Just because the employer has the duty to pay for your medical treatment, however, does not mean that he has the right to force the company doctor on you. You have the right to a doctor of your choice.

In fact, as a maritime attorney, I would advise you to get your medical treatment from your choice of physician, and not the company doctor. A company doctor is in the employment of the firm, and therefore, one of his priorities is to minimize the extent of your employer’s liability.

The need for medical treatment after an injury is often used by employers to rush to settle with a worker when negligence is involved. As a maritime attorney, I can’t express how frustrating it can be to meet a Jones Act seaman who was injured by the negligence of his employer, but agreed to a lump sum settlement to pay for his medical expenses and other sundry expenses, in return for waiving all his rights to a Jones Act claim. I can’t say this often enough –

Your rights to cure are part of maritime laws that are available as a matter of right to all seamen. These are in addition to any benefits you may recover under a Jones Act claim. This means that you have the right to recover cure benefits, and in case of employer negligence, also have the Jones Act right to file an injury claim.

It therefore makes no sense to settle for a small amount to cover your immediate medical expenses, when you may have the right to a much larger payout that may cover the pain and anguish that you have suffered and a host of other losses.