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?

Related Topics:
3 Lawyer Answers
Gordon Charles Webb
Gordon Charles Webb
PREMIUM
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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.