Hawaii Jury Instruction - 6.6.2 Maintenance And Cure

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-2
• Format: Word; Rich Text

Description

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. Hawaii Jury Instruction — 6.6.2 Maintenance And Cure is a legal concept that pertains to the rights of injured seamen and maritime workers to receive compensation and medical treatment when they suffer injuries or illnesses while working on a vessel. This jury instruction provides guidance to the jury in understanding and applying the principles of maintenance and cure in a maritime injury case. Maintenance refers to the obligation of the employer to provide a daily living allowance to an injured seaman who is unable to work due to an injury or illness. This allowance covers reasonable living expenses such as rent, food, utilities, and other necessary costs until the seaman reaches maximum medical improvement (MMI) or can return to work. The purpose of maintenance is to ensure that the injured seaman can sustain themselves financially while unable to work. On the other hand, cure refers to the employer's obligation to provide necessary medical treatment to the injured seaman until they reach MMI or fully recover. This includes all reasonable and necessary medical expenses, including doctor visits, surgeries, medications, rehabilitation services, and any other treatment required for the seaman's recovery. The employer must promptly pay for these medical expenses without the seaman having to bear any financial burden. It is important to note that maintenance and cure are separate from other potential compensation claims, such as Jones Act or personal injury claims. These concepts exist to ensure that injured seamen receive necessary support and medical attention without having to prove negligence or fault on behalf of their employer or vessel owner. Different types of Hawaii Jury Instruction — 6.6.2 Maintenance And Cure may include variations depending on the specific circumstances of the case. For example, the instruction may provide details on how the daily maintenance rate is determined, what expenses are considered reasonable, what medical treatments fall under the employer's obligation, and what factors the jury should consider when determining the duration of maintenance and cure benefits. In conclusion, Hawaii Jury Instruction — 6.6.2 Maintenance And Cure is a crucial legal concept that safeguards the rights of injured seamen and maritime workers. It ensures they receive financial support for daily living expenses through maintenance and necessary medical treatment through cure until they reach MMI or fully recover. These instructions help the jury understand their role in determining the extent and duration of these benefits in a maritime injury case.

Hawaii Jury Instruction — 6.6.2 Maintenance And Cure is a legal concept that pertains to the rights of injured seamen and maritime workers to receive compensation and medical treatment when they suffer injuries or illnesses while working on a vessel. This jury instruction provides guidance to the jury in understanding and applying the principles of maintenance and cure in a maritime injury case. Maintenance refers to the obligation of the employer to provide a daily living allowance to an injured seaman who is unable to work due to an injury or illness. This allowance covers reasonable living expenses such as rent, food, utilities, and other necessary costs until the seaman reaches maximum medical improvement (MMI) or can return to work. The purpose of maintenance is to ensure that the injured seaman can sustain themselves financially while unable to work. On the other hand, cure refers to the employer's obligation to provide necessary medical treatment to the injured seaman until they reach MMI or fully recover. This includes all reasonable and necessary medical expenses, including doctor visits, surgeries, medications, rehabilitation services, and any other treatment required for the seaman's recovery. The employer must promptly pay for these medical expenses without the seaman having to bear any financial burden. It is important to note that maintenance and cure are separate from other potential compensation claims, such as Jones Act or personal injury claims. These concepts exist to ensure that injured seamen receive necessary support and medical attention without having to prove negligence or fault on behalf of their employer or vessel owner. Different types of Hawaii Jury Instruction — 6.6.2 Maintenance And Cure may include variations depending on the specific circumstances of the case. For example, the instruction may provide details on how the daily maintenance rate is determined, what expenses are considered reasonable, what medical treatments fall under the employer's obligation, and what factors the jury should consider when determining the duration of maintenance and cure benefits. In conclusion, Hawaii Jury Instruction — 6.6.2 Maintenance And Cure is a crucial legal concept that safeguards the rights of injured seamen and maritime workers. It ensures they receive financial support for daily living expenses through maintenance and necessary medical treatment through cure until they reach MMI or fully recover. These instructions help the jury understand their role in determining the extent and duration of these benefits in a maritime injury case.