Section 22.21 Treatment

• Library: Tort Law 2016

2. (§22.21) Treatment

Aside from any question of fault, a seaman who is injured or becomes ill (e.g., stroke, heart attack, pneumonia) is entitled to receive treatment at a medical facility of the seaman’s choosing. The injured seaman may also invoke certain additional rights and benefits under the traditional rules of "maintenance, cure, and pay," for which the ship owner or operator is liable. Over the years, the courts have broadened the duty to pay maintenance and cure, and it is now well settled that maintenance and cure is payable even though the ship owner is not at fault and regardless of whether the seaman’s employment caused the injury or illness as long as the injury or illness was aggravated or manifested itself...