What is Maintenance and Cure?

Under general maritime law any seaman who is injured or falls ill while engaged in service to a vessel is eligible for continued compensation and for medical treatment from the owner of the ship. This benefit is called “maintenance and cure.” These benefits are owed to any seaman regardless of fault. The maritime employer has a duty to provide the maintenance and cure benefits to a sick or injured seaman.

The maintenance benefits are primarily intended to provide a daily maintenance fee for the seaman’s reasonable room and board while recovering. While many ship employers pay outdated maintenance rates, the current trend within the courts is to require employers to provide a maintenance rate equal to the worker’s paycheck or sufficient to cover the seaman’s basic living expenses, which may include rent or mortgage, utilities, food and transportation.

Cure benefits include all expenses incurred by the seaman for reasonable and necessary curative medical treatment. The injured seaman has the option of selecting his own physician and is not obligated to be treated by a doctor chosen by his employer. In addition, the employer cannot place any restrictions on the medical treatment that will be covered under the cure plan. The maintenance and cure benefits continue until the seaman has reached “maximum medical cure.” This could include supplying medical devices such as wheelchairs or pain medications if further improvement is not possible.

Ensuring that you receive fair and reasonable maintenance and cure amounts will require the legal representation of an experienced offshore injury lawyer. You owe it to yourself and your family to do everything possible to get the compensation you need. An injury can place a huge financial burden on people, both from medical costs and from lost wages.