What Is Maintenance & Cure?

If you were injured or became ill while working aboard a vessel, you may have heard the term Maintenance & Cure. In simple terms, Maintenance & Cure is maritime law's version of workers' compensation. It generally requires a vessel owner to provide an injured or ill seaman with medical care and a daily living allowance while recovering. Unlike most personal injury claims, Maintenance & Cure is largely a no-fault benefit, meaning the seaman does not need to prove negligence to receive it.

For maritime workers, Maintenance & Cure is one of the most important legal protections available. Understanding these rights can make a significant difference in your ability to recover financially and physically after a maritime injury.

Defining Maintenance and Cure

Maintenance & Cure is a centuries-old doctrine of admiralty law that requires vessel owners to provide financial support and medical care to seamen who become ill or injured in the service of a vessel. Unlike workers' compensation in land-based industries, Maintenance & Cure does not require the seaman to prove fault. The obligation arises simply because the injury or illness occurred while the seaman was serving the vessel.

Maintenance refers to the daily living allowance a seaman receives to cover basic expenses while recovering and unable to work. These expenses often include food, lodging, utilities, internet service, cell phone charges and other reasonable costs associated with daily living. Maintenance is not intended to replace a seaman's full wages. Rather, it is designed to provide the basic support necessary while the seaman recovers from injury or illness.

Cure refers to the vessel owner's obligation to pay for the injured seaman's reasonable and necessary medical treatment. This typically includes doctor visits, hospitalization, surgery, prescription medications, physical therapy, transportation to and from medical appointments and other necessary medical care.

The duty to provide Maintenance & Cure continues until the seaman reaches Maximum Medical Improvement (MMI) — the point at which further medical treatment is unlikely to improve the condition.

Who Qualifies for Maintenance & Cure?

To qualify for Maintenance & Cure, an individual generally must qualify as a seaman under maritime law. In most cases, this means the worker spends a substantial portion of their employment aboard a vessel in navigation and contributes to the vessel's mission.

Workers aboard cargo ships, tugboats, ferries, fishing vessels, offshore vessels and many other commercial vessels may qualify as seamen.  Even if you don't have a long connection to a vessel, if you contributed to the boat's mission in a meaningful way (even if you weren't paid) you may still be entitled to recover Maintenance & Cure.

In addition, the injury or illness must have occurred while the worker was "in the service of the vessel." This is a broad standard. A seaman may be entitled to Maintenance & Cure even if the injury occurred ashore, so long as it was sufficiently connected to the seaman's service aboard the vessel.

How Long Does Maintenance & Cure Last?

A seaman's right to Maintenance & Cure generally begins when the injury or illness occurs and continues until Maximum Medical Improvement is reached.

There is no fixed time limit. Depending on the nature of the injury, the vessel owner's obligation may continue for months or even years.

Once a qualified physician determines that Maximum Medical Improvement has been reached, the obligation to pay Maintenance & Cure ends. This remains true even if the seaman has not fully recovered and continues to experience symptoms or limitations.

Importantly, the end of Maintenance & Cure does not necessarily mean the end of the case. Additional maritime claims may still be available.

Is Maintenance & Cure Different From a Jones Act Claim?

Yes.

Maintenance & Cure is separate from a Jones Act negligence claim. An injured seaman may be entitled to Maintenance & Cure even when nobody was at fault for the accident or illness.

A Jones Act claim, by contrast, seeks compensation based upon negligence. A successful Jones Act claim may allow recovery for lost wages, pain and suffering, diminished earning capacity and other damages not available through Maintenance & Cure alone.

In many maritime injury cases, an injured seaman will pursue both Maintenance & Cure benefits and a Jones Act claim arising from the same incident.

What If the Vessel Owner Refuses to Pay?

Unfortunately, some vessel owners and marine insurers delay, reduce, terminate or deny Maintenance & Cure benefits.

When that occurs, the consequences can be severe. An injured seaman may be left without the income necessary to pay basic living expenses or obtain needed medical treatment.

Maritime law takes these obligations seriously. Courts have held that a vessel owner's willful and arbitrary refusal to pay Maintenance & Cure can result in additional liability, including attorney's fees and punitive damages.

If your Maintenance & Cure payments have been denied, delayed, reduced or terminated, it is important to speak with an experienced maritime attorney as soon as possible.

Protect Your Rights After a Maritime Injury

Maintenance & Cure is one of the most important protections available to injured seamen. However, disputes frequently arise regarding the proper Maintenance rate, entitlement to benefits, Maximum Medical Improvement and even whether a worker qualifies as a seaman under maritime law.

If you were injured or became ill while working aboard a vessel, an experienced maritime lawyer can help you understand your rights and ensure you receive the benefits and compensation to which you may be entitled.

Every maritime injury case is different. This article provides general information only and is not intended as legal advice. Reading it does not create an attorney-client relationship with Fulweiler llc. Maritime law contains unique rules and requirements that vary from case to case. If you have questions about Maintenance & Cure or any maritime injury claim, you should consult directly with an experienced maritime attorney.

Fulweiler llc

East Coast Maritime Injury Lawyers

1-800-383-MAYDAY (6293)