This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Connecticut Jury Instruction — 6.6.2 Maintenance and Cure: A Comprehensive Overview In the context of maritime law, the Connecticut Jury Instruction — 6.6.2 Maintenance and Cure refers to a legal principle that mandates an employer's duty to provide an injured seaman with necessary medical care and financial support until they reach maximum medical improvement. This instruction outlines the employer's obligations and the rights of the injured seaman concerning maintenance and cure claims. Maintenance refers to the seaman's entitlement to adequate daily living expenses while they are unable to work due to their injury or illness. It includes expenses like food, accommodation, and necessities. The employer is required to pay maintenance as long as the seaman requires medical treatment and remains in a position of potential earnings loss. Cure, on the other hand, relates to the obligation of the employer to cover the costs of necessary medical treatment and healthcare services. This encompasses doctor visits, surgeries, medications, prosthetics, physical therapy, and any other reasonable curative measures. The employer is responsible for covering all reasonable medical expenses related to the seaman's injury or illness, aiming to restore their health and provide adequate care. Connecticut Jury Instruction — 6.6.2 Maintenance and Cure serves to guide the jury in understanding the seaman's right to maintenance and cure. It clarifies that these benefits are not contingent upon proving any fault or negligence on the part of the employer, vessel owner, or fellow crew members. The injured seaman only needs to demonstrate that their injury or illness arose within the scope of their employment or was aggravated by their work conditions. Several types of claims fall under the purview of Connecticut Jury Instruction — 6.6.2 Maintenance and Cure, including: 1. Maintenance and cure claims for on-the-job injuries: This type of claim covers work-related accidents or injuries experienced by a seaman during the course of their employment onboard a vessel. Whether it involves a slip and fall, lifting heavy objects, or exposure to hazardous substances, seamen are entitled to receive maintenance and cure regardless of who is at fault. 2. Cumulative trauma and repetitive motion injuries: These claims are filed when a seaman's work duties cause injuries to develop gradually over time, rather than resulting from a single incident. For instance, a seaman may suffer from chronic back pain due to repetitive heavy lifting or joint problems from continuous manual labor onboard. 3. Aggravation of pre-existing conditions: When a seaman's pre-existing medical condition is exacerbated or worsened by their work conditions, they may be eligible for maintenance and cure benefits. This type of claim requires demonstrating that the work environment contributed significantly to the deterioration of their existing condition. Overall, Connecticut Jury Instruction — 6.6.2 Maintenance and Cure helps juries comprehend the rights of injured seamen and emphasizes the employers' responsibility to provide necessary medical care and financial support. By laying out the principles behind maintenance and cure claims, this instruction ensures a fair legal process for injured seamen seeking compensation for their injuries and illnesses.
Connecticut Jury Instruction — 6.6.2 Maintenance and Cure: A Comprehensive Overview In the context of maritime law, the Connecticut Jury Instruction — 6.6.2 Maintenance and Cure refers to a legal principle that mandates an employer's duty to provide an injured seaman with necessary medical care and financial support until they reach maximum medical improvement. This instruction outlines the employer's obligations and the rights of the injured seaman concerning maintenance and cure claims. Maintenance refers to the seaman's entitlement to adequate daily living expenses while they are unable to work due to their injury or illness. It includes expenses like food, accommodation, and necessities. The employer is required to pay maintenance as long as the seaman requires medical treatment and remains in a position of potential earnings loss. Cure, on the other hand, relates to the obligation of the employer to cover the costs of necessary medical treatment and healthcare services. This encompasses doctor visits, surgeries, medications, prosthetics, physical therapy, and any other reasonable curative measures. The employer is responsible for covering all reasonable medical expenses related to the seaman's injury or illness, aiming to restore their health and provide adequate care. Connecticut Jury Instruction — 6.6.2 Maintenance and Cure serves to guide the jury in understanding the seaman's right to maintenance and cure. It clarifies that these benefits are not contingent upon proving any fault or negligence on the part of the employer, vessel owner, or fellow crew members. The injured seaman only needs to demonstrate that their injury or illness arose within the scope of their employment or was aggravated by their work conditions. Several types of claims fall under the purview of Connecticut Jury Instruction — 6.6.2 Maintenance and Cure, including: 1. Maintenance and cure claims for on-the-job injuries: This type of claim covers work-related accidents or injuries experienced by a seaman during the course of their employment onboard a vessel. Whether it involves a slip and fall, lifting heavy objects, or exposure to hazardous substances, seamen are entitled to receive maintenance and cure regardless of who is at fault. 2. Cumulative trauma and repetitive motion injuries: These claims are filed when a seaman's work duties cause injuries to develop gradually over time, rather than resulting from a single incident. For instance, a seaman may suffer from chronic back pain due to repetitive heavy lifting or joint problems from continuous manual labor onboard. 3. Aggravation of pre-existing conditions: When a seaman's pre-existing medical condition is exacerbated or worsened by their work conditions, they may be eligible for maintenance and cure benefits. This type of claim requires demonstrating that the work environment contributed significantly to the deterioration of their existing condition. Overall, Connecticut Jury Instruction — 6.6.2 Maintenance and Cure helps juries comprehend the rights of injured seamen and emphasizes the employers' responsibility to provide necessary medical care and financial support. By laying out the principles behind maintenance and cure claims, this instruction ensures a fair legal process for injured seamen seeking compensation for their injuries and illnesses.