Working at sea is physically demanding and often dangerous. Whether you’re a deckhand, engineer, steward, or cook, maritime work exposes you to a unique set of hazards that land-based employees rarely encounter. But when injury or illness strikes while you’re in service of a vessel, what protections are in place?
For seafarers, one of the most essential legal protections under maritime law is known as “maintenance and cure.” It ensures that injured workers receive medical care and basic living expenses while recovering. Yet many seamen remain unaware of their rights or find themselves fighting employers for benefits they are legally owed.
This guide provides a full breakdown of the maintenance and cure doctrine—what it is, who qualifies, how to file a claim, and what to do if you’re denied benefits.
Understanding the Basics of Maintenance and Cure
What Does the Term “Maintenance and Cure” Mean?
Maintenance and cure is a maritime law principle that obligates shipowners to take care of injured seamen. It exists to ensure that crew members receive the support they need after becoming injured or sick while working aboard a vessel.
Is Fault Required to Receive These Benefits?
No. This is a no-fault obligation, which means you’re entitled to these benefits regardless of who caused the injury—even if it was your own mistake. The goal is not to assign blame but to protect your health and well-being while you recover.
Breaking Down Maintenance and Cure
What Does “Maintenance” Cover?
Maintenance refers to the basic cost of living while you’re recovering off the vessel. This includes rent, utilities, groceries, and other day-to-day expenses that your employer would have covered onboard through room and board.
Many employers try to get away with paying the minimum—sometimes as low as $20 per day. However, courts have ruled that maintenance payments must be “reasonable,” based on your actual expenses.
What Does “Cure” Include?
Cure covers the full range of necessary medical care related to your injury. This includes:
- Hospital visits
- Surgery
- Medication
- Doctor appointments
- Physical therapy
- Medical equipment
Your employer is legally responsible for these costs until your doctor confirms that you’ve reached maximum medical improvement (MMI)—the point at which no further recovery is expected.
Who Is Legally Entitled to Maintenance and Cure?
Who Qualifies as a “Seaman”?
To receive maintenance and cure, you must be classified as a seaman. This means:
- You must work on a vessel (or a fleet of vessels) in navigation.
- Your work must contribute to the mission or function of the vessel.
- You must be injured or fall ill while “in the service of the vessel.”
Roles that typically qualify include deckhands, stewards, engineers, cooks, and many offshore workers on mobile rigs or supply vessels.
What Does “In the Service of the Vessel” Mean?
This doesn’t just mean working while the ship is moving. It also includes injuries that occur while the vessel is docked, during shore leave, or while performing any work-related duty. Courts interpret this phrase broadly to ensure that workers receive the protection maritime law intends.
Duration of Benefits: How Long Will You Receive Maintenance and Cure?
When Do Maintenance and Cure Payments End?
You are entitled to receive maintenance payments and medical treatment until your doctor determines that you’ve reached maximum medical improvement (MMI). That means your condition has stabilized and further medical care will no longer improve your recovery.
Can an Employer Stop Paying Early?
If your employer cuts off benefits before MMI is reached, they may be acting in bad faith. In such cases, courts may award punitive damages, which are financial penalties designed to punish the employer and deter future misconduct.
Filing a Maintenance and Cure Claim
Step One: Report the Injury
Notify your supervisor or captain immediately after your injury or when symptoms appear. Any delay could harm your credibility or result in a denied claim.
Step Two: Seek Medical Care
Go to a medical professional and follow their recommendations. Document every visit, prescription, and expense related to your injury or illness.
Step Three: Gather Documentation
Keep copies of all injury reports, receipts, hospital records, and communication with your employer or the company’s insurance provider. This paper trail is crucial for verifying your claim.
Step Four: Submit a Formal Claim
Send a written request for maintenance and cure to your employer. Include supporting documents such as your doctor’s report and proof of your living expenses.
What to Do If Your Employer Denies Your Claim
Why Do Employers Deny Maintenance and Cure?
Some common tactics employers use to deny or delay claims include:
- Arguing that the injury was not work-related
- Claiming the worker is not a legal “seaman”
- Refusing to pay for specific treatments or surgeries
- Alleging the worker has already reached MMI
Can You Fight a Denial?
Yes. Maritime law allows you to take legal action if your employer wrongfully denies benefits. If they acted recklessly or with deliberate indifference, they may owe you punitive damages on top of unpaid benefits and attorney fees.
Consulting a maritime injury lawyer is often the best step you can take if your claim is denied or delayed.
Maintenance and Cure vs. Workers’ Compensation
Key Differences in Protection
Many injured seamen compare maintenance and cure to workers’ compensation, but the systems are fundamentally different.
Workers’ compensation is governed by state laws and typically applies to land-based employees. It often limits what you can recover, especially in terms of pain and suffering.
Maintenance and cure is a federal maritime protection that guarantees medical care and living support regardless of fault. And unlike workers’ comp, if your injury was caused by negligence, you may also have a Jones Act claim that allows for full damages, including lost future earnings, emotional trauma, and more.
Real-Life Scenarios and Common Questions
What if I Was Injured During Shore Leave?
If the injury occurred during shore leave but was connected to your service, you might still be eligible for benefits. Courts often side with seamen in these situations, especially when the injury happened during official duties.
My Employer Offered $25 Per Day—Is That Legal?
Probably not. While there’s no national rate, courts generally consider that figure too low to meet reasonable living expenses. You have the right to request a higher rate based on your actual rent, food, and utilities.
I Was Injured Years Ago—Is It Too Late?
Maybe not. There is a statute of limitations, but the timeframe depends on several factors, including whether you were fully informed of your rights at the time. A lawyer can review your situation and help determine your options.
Why Maintenance and Cure Matters for Maritime Workers
Maritime work is inherently risky. Injuries can be life-altering and recovery can take weeks, months, or even years. Maintenance and cure ensures that injured seamen are not left to fend for themselves during that time. It recognizes the sacrifices that seafarers make and enforces a centuries-old legal principle that protects workers over profits.
When your employer refuses to honor this obligation, they are not just breaking a promise—they may be breaking the law.
Frequently Asked Questions (FAQ) About Maintenance and Cure
Am I automatically entitled to maintenance and cure if I’m injured at sea?
Yes, as long as you qualify as a seaman and the injury occurred while you were in service of the vessel, you are automatically entitled to maintenance and cure under general maritime law. Unlike workers’ compensation, there is no need to prove fault. Your employer is obligated to pay for your basic living expenses and all medical treatment until you reach maximum medical improvement.
What if my employer says the injury wasn’t work-related?
It is common for employers to challenge whether an injury is work-related, especially if it occurred during downtime or shore leave. However, the law broadly defines “in the service of the vessel.” If your actions were reasonably related to your duties or your presence on the vessel, you may still qualify for benefits. A maritime lawyer can help clarify and support your eligibility.
How much should I receive in maintenance payments each day?
There is no fixed national rate, but maintenance must reflect the seaman’s actual and reasonable cost of daily living—typically covering rent, food, and utilities. If your employer is paying you a flat amount like $20 per day and that doesn’t cover your basic expenses, you can request a higher amount and provide documentation to support your claim. Courts often side with the seaman when maintenance is clearly inadequate.
Can my employer stop payments whenever they want?
No, your employer cannot legally stop maintenance and cure payments until a qualified physician determines that you’ve reached maximum medical improvement. If payments are terminated before that point, the employer could be liable for additional damages, including punitive damages, for acting in bad faith.
What happens if I refuse a specific medical treatment recommended by my doctor?
If you voluntarily refuse reasonable and necessary medical treatment that would help you recover, your employer may have grounds to pause or reduce cure benefits. However, the decision must be based on medical advice and cannot be used to manipulate your claim. It’s best to consult with both your physician and an attorney before declining treatment that could affect your entitlement to ongoing benefits.
Contact The Cruise Injury Law Firm Today
If you’ve been injured at sea or aboard a vessel and your employer has delayed, underpaid, or denied your maintenance and cure benefits, you have legal options. You are entitled to fair treatment, full recovery, and respect under the law.
Don’t face this process alone. Schedule a free consultation with us today and take control of your claim, your health, and your future.
