February 2014

DID YOUR INJURY OR ILLNESS ARISE "DURING THE SERVICE OF THE VESSEL"?

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Claims for maintenance and cure as well as damages for an injury or illness must arise from a crewmember's service on the vessel. Reported injuries or illnesses while still aboard the vessel pose few problems, at least where only maintenance and cure are sought. However, claims made after a crewmember leaves a vessel without reporting while aboard create problems often necessitating litigation. To insure receipt of all maintenance and cure benefits, and potential damages for negligence and unseaworthiness claims do not leave the vessel without making a written report of your injury or illness, and/or asking for shoreside medical attention. A written report is often worth more than "a thousand words". Protect all of your benefits and rights!

QUESTION FROM THE BRIDGE

I recently got off a ship without a Request for Shoreside Medical Assistance but had suffered from gastrointestinal problems a few days before leaving. I did report this problem verbally to my supervisor while on the ship but thought I was okay when I left. The symptoms have recurred since returning home, which has necessitated medical treatment and am now unable to work. Am I entitled to maintenance and cure?
Ira B. , Portland

Answer:
Ira,
Yes, but corroborating your complaints while on the ship will be the key. When these problems arise on the vessel be sure and go to the medical officer and report the problem. An entry in the medical log will support your later claim for maintenance and cure.

About Our Law Firm

For more than four decades, merchant mariners, longshoremen, fishermen and harbor workers plying their trades at sea, on the docks, on our U.S. coastal waters and inland waterways have turned to the maritime law firm of Lyle C. Cavin, Jr. & Associates in Oakland. Today, we are proud to be recognized as one of the preeminent maritime law firms serving injured marine workers nationwide, as well as one of the most successful personal injury litigation firms serving victims of negligence in the San Francisco Bay Area and throughout the West Coast.

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When you retain Lyle C. Cavin, Jr. & Associates with a Jones Act injury claim or personal injury claim, you don't get just one attorney, you get our entire team of dedicated professionals. Our attorneys offer more than 150 combined years of courtroom and negotiated claims settlement experience. We will represent your interests with unwavering dedication, speed and expertise.