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.
Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure: A Detailed Overview Keywords: Suffolk New York, jury instruction, 6.6.2, maintenance and cure Introduction: In Suffolk County, New York, the legal system follows specific jury instructions to guide jurors in understanding various aspects of maritime law. One such instruction, 6.6.2 Maintenance And Cure, focuses on the rights and obligations of injured seamen pertaining to their entitlements during the recovery phase. This instruction differs from other maritime provisions and consolidates the principles surrounding maintenance and cure. This article provides a detailed description of Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure, exploring its key components, types, and potential implications. Key Components: Maintenance: Maintenance refers to the daily living expenses and necessary expenditures incurred by a seaman or mariner injured during the course of their employment. Under this provision, an employer or shipowner is responsible for providing reasonable sustenance, including food and shelter, until the injured party reaches the maximum possible recovery or attains "maximum medical recovery." Maintenance aims to offset the financial burden faced by injured seamen and ease their rehabilitation process. Cure: Cure, on the other hand, focuses on the medical expenses necessary to treat the seaman's injuries until reaching maximum medical recovery. This includes costs associated with medical consultations, treatments, surgeries, medications, rehabilitation, and professional services such as physical and occupational therapy. The obligation to bear these expenses lies with the employer or shipowner, regardless of the fault or cause of the injuries suffered. Types of Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure: 1. Maintenance and Cure for Injuries: This instruction primarily addresses situations where seamen sustain injuries while working onboard a vessel or within the scope of their employment. It outlines the seaman's entitlement to maintenance and cure benefits until they reach maximum medical recovery. 2. Maintenance and Cure for Illnesses: Apart from injuries, seamen may also face illnesses or diseases that are work-related or aggravated by their employment conditions. Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure covers such scenarios, emphasizing that employers or shipowners must provide maintenance and cure benefits throughout the seaman's recovery from the illness. 3. Pre-Existing Conditions: If a pre-existing injury or condition is exacerbated or worsened during the course of the seaman's employment, they are still entitled to maintenance and cure benefits. Seamen do not need to prove that their employer's negligence caused the aggravation. This instruction clarifies that the obligation on the employer or shipowner to provide maintenance and cure applies to such cases as well. Conclusion: Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure plays a crucial role in ensuring that injured seamen receive proper care, sustenance, and medical treatment during their recovery period. This instruction encompasses maintenance and cure for both injuries and illnesses arising from employment onboard a vessel. By understanding the key components and types of maintenance and cure, jurors can make fair and informed decisions when assessing the merits of a seaman's claim for benefits in Suffolk County, New York.
Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure: A Detailed Overview Keywords: Suffolk New York, jury instruction, 6.6.2, maintenance and cure Introduction: In Suffolk County, New York, the legal system follows specific jury instructions to guide jurors in understanding various aspects of maritime law. One such instruction, 6.6.2 Maintenance And Cure, focuses on the rights and obligations of injured seamen pertaining to their entitlements during the recovery phase. This instruction differs from other maritime provisions and consolidates the principles surrounding maintenance and cure. This article provides a detailed description of Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure, exploring its key components, types, and potential implications. Key Components: Maintenance: Maintenance refers to the daily living expenses and necessary expenditures incurred by a seaman or mariner injured during the course of their employment. Under this provision, an employer or shipowner is responsible for providing reasonable sustenance, including food and shelter, until the injured party reaches the maximum possible recovery or attains "maximum medical recovery." Maintenance aims to offset the financial burden faced by injured seamen and ease their rehabilitation process. Cure: Cure, on the other hand, focuses on the medical expenses necessary to treat the seaman's injuries until reaching maximum medical recovery. This includes costs associated with medical consultations, treatments, surgeries, medications, rehabilitation, and professional services such as physical and occupational therapy. The obligation to bear these expenses lies with the employer or shipowner, regardless of the fault or cause of the injuries suffered. Types of Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure: 1. Maintenance and Cure for Injuries: This instruction primarily addresses situations where seamen sustain injuries while working onboard a vessel or within the scope of their employment. It outlines the seaman's entitlement to maintenance and cure benefits until they reach maximum medical recovery. 2. Maintenance and Cure for Illnesses: Apart from injuries, seamen may also face illnesses or diseases that are work-related or aggravated by their employment conditions. Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure covers such scenarios, emphasizing that employers or shipowners must provide maintenance and cure benefits throughout the seaman's recovery from the illness. 3. Pre-Existing Conditions: If a pre-existing injury or condition is exacerbated or worsened during the course of the seaman's employment, they are still entitled to maintenance and cure benefits. Seamen do not need to prove that their employer's negligence caused the aggravation. This instruction clarifies that the obligation on the employer or shipowner to provide maintenance and cure applies to such cases as well. Conclusion: Suffolk New York Jury Instruction — 6.6.2 Maintenance And Cure plays a crucial role in ensuring that injured seamen receive proper care, sustenance, and medical treatment during their recovery period. This instruction encompasses maintenance and cure for both injuries and illnesses arising from employment onboard a vessel. By understanding the key components and types of maintenance and cure, jurors can make fair and informed decisions when assessing the merits of a seaman's claim for benefits in Suffolk County, New York.