An injury at sea brings a wave of uncertainty. How will you pay your bills if you can’t work? Who will cover your medical treatment? For injured seamen, the answers to these critical questions are found in one of the oldest and most fundamental principles of maritime law: Maintenance and Cure.
These benefits are an absolute right for a seaman injured in the service of a vessel. They are not a favor from your employer; they are a legal obligation. At Lewis, Kullman, Sterbcow & Abramson, LLC, we have spent decades protecting these rights for injured maritime workers. This guide explains what Maintenance and Cure are, who qualifies, and what to do when an employer fails to meet their obligation.
What Is “Maintenance”? Your Right to Living Expenses
Maintenance is a daily stipend intended to cover the reasonable living expenses you would have had if you were still working on the vessel. Think of it as a replacement for the room and board you received while on board.
This benefit is meant to cover your essential costs on land, including:
It is crucial to understand that employers often try to pay a minimal, standardized rate for maintenance — sometimes as low as $15 to $40 per day. This is rarely enough to cover actual living expenses. The law, however, requires the rate to be reasonable. Our attorneys have extensive experience challenging unfairly low maintenance rates to ensure our clients receive the amount they truly need to live while they recover.
What Is “Cure”? Your Right to Medical Care
Cure is your employer’s obligation to pay for all reasonable and necessary medical treatment for your work-related injury. This is a comprehensive benefit that continues until you have reached Maximum Medical Improvement (MMI) — the point at which your condition is stable and unlikely to improve further.
Your right to “cure” includes coverage for:
A critical aspect of “cure” is your right to choose your own doctor. While your employer may ask you to see a company-approved physician for an initial evaluation, you are not required to continue treatment with them. Choosing your own trusted medical provider is essential for receiving unbiased care focused on your well-being, not the company’s bottom line.
Who Qualifies for Maintenance and Cure?
To be eligible for these benefits, you must qualify as a Jones Act seaman. These benefits are provided on a “no-fault” basis, which means you are entitled to them even if you were 100% at fault for your own injury. Your only requirement is that the injury or illness occurred while you were in the “service of the vessel.”
Common Issues and Why You Need an Experienced Maritime Attorney
While Maintenance and Cure are fundamental rights, employers and their insurance companies frequently attempt to limit their responsibility. Based on our decades of experience representing injured seamen, we often see employers:
These tactics are why having a formidable legal advocate is so important. An experienced maritime lawyer can fight back against these strategies, file motions in court to have your benefits reinstated, and pursue additional damages if your employer has unreasonably denied your claim.
The same attorneys at our firm who have been appointed by federal courts to lead in major disasters like Deepwater Horizon and SEACOR Power bring that same level of dedication to ensuring our clients receive every dollar of their maintenance and cure benefits.
Your Rights Are Not a Favor — They Are the Law
Maintenance and Cure benefits are a lifeline that allows you to focus on your recovery without facing financial ruin. Injured seamen may also have claims for negligence and for the vessel’s ‘unseaworthiness,’ which holds the owner liable for unsafe conditions.
If your employer is delaying, denying, or underpaying your benefits, you do not have to fight them alone. Contact the experienced maritime attorneys at LKSA Law today for a free, confidential consultation. We will review your case, explain your rights, and discuss how we can help you secure the benefits you are owed under the law.
