Wisconsin 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. Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure: A Detailed Description Maintenance and Cure is a longstanding legal principle related to maritime law that requires employers to provide necessary medical care and support to injured seamen during their period of recovery. In Wisconsin, Jury Instruction — 6.6.2 outlines the specific details and instructions surrounding the concept of Maintenance and Cure. Keywords: Wisconsin Jury Instruction, 6.6.2 Maintenance And Cure, maritime law, injured seamen, necessary medical care, period of recovery, legal principle. Maintenance and Cure is a legal obligation imposed on maritime employers to ensure that seamen receive proper care and financial support when injured or become ill while performing their duties at sea. This principle is based on the philosophy that seamen work under unique and challenging conditions, often far away from immediate medical assistance. As such, it is the employer's responsibility to adequately compensate and support their injured or sick employees. Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure provides guidance to juries when determining the appropriate compensation and support that should be awarded to an injured seaman. This instruction helps ensure that injured seamen can maintain their daily living expenses and receive necessary medical treatment until they reach maximum medical improvement. When deliberating a Maintenance and Cure case in Wisconsin, the jury is guided by the instruction, which may include the following considerations: 1. Duty of the Employer: The instruction emphasizes that the employer has a legal duty to provide Maintenance and Cure to the injured seaman without fault or negligence. This duty arises from both the employment contract and general maritime law. 2. Definition of Maintenance: Maintenance refers to the financial compensation provided to the seaman to cover their basic living expenses during the recovery period. It encompasses costs such as food, lodging, rent, utilities, and other essential daily expenses. 3. Definition of Cure: Cure refers to the provision of necessary medical treatment, rehabilitation, and healthcare services required to facilitate the injured seaman's recovery and restore their health to the maximum extent possible. This includes covering medical expenses, physician visits, medications, surgeries, and other related costs. 4. Duration of Maintenance and Cure: The instruction advises the jury to consider the length of time the injured seaman requires maintenance and cure. Typically, maintenance is provided until the seaman reaches maximum medical improvement or until they can return to work, while cure continues until the complete recovery or stabilization of the condition. Different Types of Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure: While the instruction itself remains the same, it may be applied to various types of maritime cases involving maintenance and cure claims. For example: 1. Injury Cases: Instructions regarding maintenance and cure can be relevant in personal injury cases where seamen sustain injuries while working on vessels, offshore platforms, or in other maritime occupations. 2. Illness Cases: Maintenance and cure instructions also apply to situations where seamen become ill due to factors such as exposure to harmful substances, unhygienic conditions, or other health risks prevalent in the maritime industry. 3. Recurring or Long-term Conditions: In cases involving recurring injuries, chronic conditions, or long-term illnesses, the instruction may provide guidance on the amount and duration of maintenance and cure required. To summarize, Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure is a comprehensive guide for juries to determine the appropriate compensation and support to be provided to injured seamen under maritime law. It outlines the obligations of employers, the definitions of maintenance and cure, and how long these benefits should be provided. Whether it's an injury case, illness case, or one involving long-term conditions, this instruction serves as a valuable resource to ensure fair treatment for seamen under Wisconsin law.

Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure: A Detailed Description Maintenance and Cure is a longstanding legal principle related to maritime law that requires employers to provide necessary medical care and support to injured seamen during their period of recovery. In Wisconsin, Jury Instruction — 6.6.2 outlines the specific details and instructions surrounding the concept of Maintenance and Cure. Keywords: Wisconsin Jury Instruction, 6.6.2 Maintenance And Cure, maritime law, injured seamen, necessary medical care, period of recovery, legal principle. Maintenance and Cure is a legal obligation imposed on maritime employers to ensure that seamen receive proper care and financial support when injured or become ill while performing their duties at sea. This principle is based on the philosophy that seamen work under unique and challenging conditions, often far away from immediate medical assistance. As such, it is the employer's responsibility to adequately compensate and support their injured or sick employees. Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure provides guidance to juries when determining the appropriate compensation and support that should be awarded to an injured seaman. This instruction helps ensure that injured seamen can maintain their daily living expenses and receive necessary medical treatment until they reach maximum medical improvement. When deliberating a Maintenance and Cure case in Wisconsin, the jury is guided by the instruction, which may include the following considerations: 1. Duty of the Employer: The instruction emphasizes that the employer has a legal duty to provide Maintenance and Cure to the injured seaman without fault or negligence. This duty arises from both the employment contract and general maritime law. 2. Definition of Maintenance: Maintenance refers to the financial compensation provided to the seaman to cover their basic living expenses during the recovery period. It encompasses costs such as food, lodging, rent, utilities, and other essential daily expenses. 3. Definition of Cure: Cure refers to the provision of necessary medical treatment, rehabilitation, and healthcare services required to facilitate the injured seaman's recovery and restore their health to the maximum extent possible. This includes covering medical expenses, physician visits, medications, surgeries, and other related costs. 4. Duration of Maintenance and Cure: The instruction advises the jury to consider the length of time the injured seaman requires maintenance and cure. Typically, maintenance is provided until the seaman reaches maximum medical improvement or until they can return to work, while cure continues until the complete recovery or stabilization of the condition. Different Types of Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure: While the instruction itself remains the same, it may be applied to various types of maritime cases involving maintenance and cure claims. For example: 1. Injury Cases: Instructions regarding maintenance and cure can be relevant in personal injury cases where seamen sustain injuries while working on vessels, offshore platforms, or in other maritime occupations. 2. Illness Cases: Maintenance and cure instructions also apply to situations where seamen become ill due to factors such as exposure to harmful substances, unhygienic conditions, or other health risks prevalent in the maritime industry. 3. Recurring or Long-term Conditions: In cases involving recurring injuries, chronic conditions, or long-term illnesses, the instruction may provide guidance on the amount and duration of maintenance and cure required. To summarize, Wisconsin Jury Instruction — 6.6.2 Maintenance And Cure is a comprehensive guide for juries to determine the appropriate compensation and support to be provided to injured seamen under maritime law. It outlines the obligations of employers, the definitions of maintenance and cure, and how long these benefits should be provided. Whether it's an injury case, illness case, or one involving long-term conditions, this instruction serves as a valuable resource to ensure fair treatment for seamen under Wisconsin law.