• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Madalon Law

Madalon Law

  • (877) IT-MATTERS
  • (954) 923-0072
  • Home
  • Legal Team
    • Joseph Madalon, Esq.
    • Leandro Carvalho, Esq.
    • Susan Lee, Esq.
  • Personal Injury
    • Amusement Park Accidents
    • Aviation Accidents
    • Bar / Nightclub Accidents
    • Bicycle Accidents
    • Birth Injury
    • Boating Accidents
    • Burn Injury
    • Bus Accidents
    • Car Accident
    • Construction Accidents
    • Head and Brain Injuries
    • Horse Riding Accident
    • Lyft Accident Attorneys
    • Maritime Attorneys
    • Medical Malpractice
    • Motorcycle Accidents
    • Negligent Security
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Premises Liability
    • Product Liability
    • Sexual Harassment
    • Slip and Fall
    • Spinal Injury
    • Swimming Pool Accident
    • Theme Park Injuries
    • Truck Accident
    • Uber Accident Attorneys
    • Vacation / Hotel Accident
    • Wrongful Death
    • Class Action Lawsuits
    • CPAP Recall Lawsuit
  • Results
  • Videos
  • Blog
    • Articles
  • FAQs
  • Contact
  • En Español
  • Inicio
  • Nosotros
    • Equipo Legal
    • Biografia de Joseph Madalon
  • Lesiones Personales
  • Resultados
  • Videos en Español
  • Contacto
  • En inglés

What is Unseaworthiness, Maintenance and Cure?

WHAT IS UNSEAWORTHINESS, MAINTENANCE AND CURE?

Regardless of your occupation on the sea, your maritime work entitles you protections and benefits under maritime law. There are several concepts of which you need to be aware if you are working in and around the sea. Two of those concepts are “Unseaworthiness” and “Maintenance and Cure.”

The concept of “strict liability” applies to vessel owners. This dictates, by law, that the owners must be certain that their ship or boat are seaworthy. There are many factors that determine the seaworthiness of a vessel. Therefore; it is imperative that the injured party contact a maritime lawyer immediately to explain the nature of and facts regarding their injury to determine the steps needed.

WHAT IS AN UNSEAWORTHY VESSEL?

When sea vessels contain the correct safety gear and their crew members are trained and competent they may be considered “seaworthy.” When situations arise that cause persons to become injured, this may change their “seaworthy” classifications. Several things that can have an impact on the seaworthiness of the vessel include improper gear maintenance, absence of safety equipment, and unfit cargo; just to name a few. A seafarer may be able to seek compensation for injuries if they are able to show that it was a direct result of a condition on the vessel that rendered it “unseaworthy.”

If the injured party feels that a condition existed, at the time of their injury that rendered the vessel unseaworthy is important that they consult a a maritime lawyer to discuss the nature of their case. Our attorneys at Madalon Law will be able to help determine if the injuries are direct result of the condition of the vessel.

MAINTENANCE AND CURE CLAIMS

When a seafaring employee is injured, they will want to inquire about Maintenance and Cure. This may be claimed in addition to unseaworthiness claims. These claims are often filed with the Jones Act, which is a U.S. federal law that gives seafarers that right to seek damages from their employers when negligence is involved. Maintenance and Cure entitles the injured party to a daily living wage and all medical expenses to be paid for the duration of their injury. Under the maintenance portion, the injured maritime worker may receive room and board and some of their utility expenses paid for the duration of their injury. The cure portion designates that his/her medical costs should be paid for the duration of their injury. The injured employee is covered under Maintenance and Cure until they are declared at Maximum Medical Improvement. Under Maintenance and Cure applies regardless of who is at fault for the injury.

If you or someone you know has sustained an injury while working on board a sea vessel, and they are unsure if it was a result of unseaworthiness or if they might qualify for Maintenance and Cure, be sure to contact one of our admiralty lawyers at Madalon Law to determine to what they may be entitled.

The Admiralty attorneys of Madalon Law handles cases for the Florida, Louisiana, Texas, Alabama and Mississippi. Contact us for more information.

Areas of Practice

Amusement Park Accidents

Aviation Accidents

Bar and Nightclub Fights

Bicycle Accidents

Birth Injury

Boating and Cruise Ship Accidents

Burn Injuries

Bus Accidents

Car Accidents

Construction Accidents

Head and Brain Injury

Horse Riding Accident

Maritime and Cruise Ship

Medical Malpractice

Motorcycle Accidents

Negligent and/or Inadequate Security

Nursing Home Abuse and/or Negligence

Pedestrian Accident

Premises Liability

Product Liability

Resort/Vacation Injuries

Sexual Harassment

Slip and Fall

Spinal Cord Injury

Swimming Pool Accidents

Theme Park Injuries

Truck Accidents

Wrongful Death

Video Library

Blog

Understanding the Law

Fort Lauderdale

Main Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Phone: (954) 923-0072
Toll Free: (877) 486-2883
Fax: (954) 923-0074

West Palm Beach

By Appt. Only
515 N Flagler Dr Suite P-300
West Palm Beach, FL 33401
Phone: (561)-243-1003
Toll Free: (877) 486-2883
Fax: (954) 923-0074

Miami

By Appt. Only
150 SE 2nd Ave, Suite 300
Miami FL 33131
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074
  • Home
  • Disclaimer
  • Privacy Policy
  • Contact Us
  • Site Map

Footer

Facebook

Twitter

Linkedin

Google Plus

YouTube

Instagram

Pinterest

We serve the following localities:
BROWARD COUNTY including Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Plantation, Coral Springs, Davie, Sunrise, Weston, Deerfield Beach and Miramar;
MIAMI-DADE COUNTY including Coral Gables, Cutler Bay, Doral, Hialeah, Homestead, Kendall West, Miami, Tamiami, The Hammocks, and Westchester;
PALM BEACH COUNTY including Belle Glade, Lake Worth, and West Palm Beach;
ORANGE COUNTY including Orlando and Winter Park;
OSCEOLA COUNTY including Kissimmee, Poinciana, and St. Cloud.
Areas Served

Copyright © 2022 · Madalon Law · Powered by: USAttorneys.com
Areas Served

X

Contact Madalon Law

    Contact Us

    Please prove you are human by selecting the Flag.