New York City, NY asked in Admiralty / Maritime for New York

Q: I was injured on a fishing boat, but the boat owner is claiming they're not liable for my medical bills because I was

injured due to the negligence of another contract worker. Is this true?

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3 Lawyer Answers
Gordon Charles Webb
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Answered
  • Maritime Law Lawyer
  • Seattle, WA

A: No, as long as you were employed in the service of the vessel your medical bills are covered under the general maritime law doctrine of maintenance and cure.

Michael H. Joseph
PREMIUM
Michael H. Joseph
Answered
  • Maritime Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: No. They are liable to pay maintenance and cure regardless of fault. Also you can sue the employer under the Jones Act for negligence of a fellow employee.

Tim Akpinar
Tim Akpinar
Answered
  • Maritime Law Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Maintenance and cure operate in a manner similar to no-fault benefits in your auto policy. Maintenance is intended to cover living expenses and cure is intended to cover medical expenses. These benefits are not fault-based.

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