Maintenance and cure is an automatic, no-fault maritime protection that requires your employer to cover your necessary living expenses and medical bills if you are injured or become ill while in service of a vessel. You are entitled to have your actual, real-world household costs met and your medical care paid for until you reach Maximum Medical Improvement (MMI), regardless of who was at fault for the incident. If your employer attempts to withhold these benefits or pay insufficient rates, document your expenses and consult a maritime injury attorney immediately to hold them accountable.
If you work on the water, you already know that maritime jobs are among the most demanding and dangerous in the world. Whether you are working a barge on the Mississippi River or an oil tanker in the Gulf of Mexico, an injury can derail your life in an instant.
If you get hurt or fall ill on the job, you have legal protections that land-based workers do not have. The most immediate of these protections is a centuries-old maritime law doctrine called maintenance and cure.
Here is a straightforward look at what these benefits are, what they cover, and what to do if your employer tries to withhold them.
What is Maintenance and Cure?
Maintenance and cure is a basic right guaranteed to maritime employees who are injured or become ill while working. Think of it as the maritime industry’s alternative to standard workers’ compensation, but with a few major differences that work in your favor.
The doctrine is broken down into two distinct parts:
- Maintenance: This covers your reasonable, day-to-day living expenses while you are on land recovering. It is designed to replace the room and board you would have received while living on the vessel.
- Cure: This covers the cost of your medical care. Your employer is responsible for paying for your doctors, surgeries, medications, and rehabilitation until you are fully healed or can no longer improve.
Who Qualifies for Maintenance and Cure Benefits?
You do not need to be involved in a catastrophic accident to qualify for these benefits. The requirements to collect maintenance and cure are actually quite broad.
Maintenance and Cure is a No-Fault Compensation System
Unlike a standard personal injury lawsuit or a Jones Act claim, maintenance and cure is a no-fault system. You do not have to prove that your employer did something wrong, that a coworker was careless, or that the vessel was unsafe. Even if your own mistake caused the injury, you are still entitled to these benefits.
What Does “In Service of the Vessel” Mean?
To qualify, you simply need to show that your injury or illness occurred while you were in service of the vessel. This means you were doing your job, on call, or answering the call of duty for your employer when the incident happened.
Does It Cover Illnesses Contracted at Sea?
Yes. Maintenance and cure applies to illnesses just as much as physical injuries. If you develop a serious medical condition while working, your employer must cover your treatment and living expenses. This includes long-term diseases caused by toxic exposure on the job, such as developing leukemia after being exposed to benzene on a crude oil vessel.
Breaking Down “Maintenance”: What Living Expenses Are Covered?
When you are forced to recover on shore, your employer must pay for the basic expenses required to keep a roof over your head and food on your table.
Approved Household Expenses for Onshore Recovery
Maintenance is limited to necessary, actual household expenses. And it must be comparable to what the seaman was entitled to while at sea.
- Rent or mortgage payments
- Utilities (electricity, water, gas)
- Food and basic groceries
Expenses That Do Not Qualify for Maintenance
Because maintenance is meant to cover survival essentials, it generally does not pay for personal expenses or luxuries.
How Much Do You Get for Maintenance?
The law dictates that your maintenance rate is a question of fact. First, the court estimates the seaman’s actual daily expenditures for food and lodging ashore. Then, the court estimates the reasonable cost of food and lodging for a single seaman in your area. The court compares your actual expenses to the determined reasonable local expenses. Generally, the rule is that a seaman is entitled to maintenance in the amount of their actual expenses up to the reasonable amount for their locality. This means if actual expenses exceed reasonable expenses, the court would award the lower, reasonable rate.
Your Union Contract May Impact Your Maintenance Rate
There is one major exception to the actual cost rule. If you are a member of a maritime labor union and your collective bargaining agreement explicitly sets a fixed maintenance rate for all members, that contract rate usually applies. However, different courts across the United States interpret this rule in different ways. If your union contract leaves you with an unlivable daily rate, it is worth speaking to a lawyer to see how local judges handle these terms.
Breaking Down “Cure”: Your Right to Complete Medical Care
While maintenance keeps your household running, cure ensures you get the medical attention required to heal.
What Counts as “Reasonable and Necessary” Medical Treatment?
Your employer is responsible for paying your medical bills directly. This is not limited to emergency room visits. It covers the full scope of your recovery, including:
- Hospital stays and surgeries
- Proper medical appliances
- Prescription medications
- Physical therapy and rehabilitation
- Transportation costs to and from your medical appointments
Generally, you have the right to choose your own doctor. However, this right is not absolute and you should consult with a maritime lawyer to discuss your specific situation. Notably, there are specific limitations regarding the cost and necessity of the medical services, and the shipowner has the right to investigate claims before making payments.
Understanding Maximum Medical Improvement (MMI)
Your employer cannot just stop paying for your medical care when they feel like it. They are legally required to pay cure benefits until you reach a point called Maximum Medical Improvement (MMI).
MMI means that you have either completely recovered, or your condition has stabilized to the point where further medical treatment will not improve your health. Even if you are left with a permanent disability, once a qualified doctor declares you have reached MMI, or a condition is deemed incurable, the employer’s obligation to pay cure benefits ends.
Maintenance and Cure vs. The Jones Act: What is the Difference?
It is common to confuse maintenance and cure with the Jones Act, but they are entirely separate legal avenues. Many injured maritime workers pursue both at the same time.
| Benefit Feature | Maintenance and Cure | Jones Act Claim |
| Fault Required? | No. It is an automatic right regardless of blame. | Yes. You must prove the employer, vessel owner, or crew was negligent. |
| What It Covers | Basic living expenses and direct medical bills only. | Full damages: lost wages, lost earning capacity, unpaid medical expenses, future medical expenses, pain and suffering. |
| Timeline | Paid immediately and regularly during your recovery. | Often requires a settlement negotiation or a formal trial. |
Because maintenance and cure only keeps you afloat financially, it rarely covers the true cost of a life-changing injury. If your employer’s negligence, poor training, or defective equipment caused your accident, you can use the Jones Act to recover the full value of what was taken.
What to Do When Your Employer Refuses to Pay
The law is clear about what employers owe, but insurance companies frequently look for ways to minimize their payouts.
Common Tactics Insurers Use to Undervalue Your Claim
Be on the lookout for red flags from your employer’s insurance adjuster. They may try to offer you the $8 daily rate, delay authorization for a necessary surgery, or pressure a company-aligned doctor to declare you have reached MMI before you are actually healed.
Claims of Pre-Existing Injuries
The most common way an employer will try to deny your benefits entirely is by claiming you had a pre-existing condition. They might argue that you hid a past back or shoulder injury during your pre-employment physical, but if you were honest, they should not use your medical history as an excuse.
Fighting Back with Punitive Damages
If an employer arbitrarily or callously refuses to pay your maintenance and cure, the law provides a harsh penalty to punish them called punitive damages. If a court finds the company intentionally shortchanged you, the employer can be forced to pay your attorney fees and substantial punitive damages on top of what they already owed you.
Talk to a New Orleans Maritime Injury Lawyer Today
If you are facing resistance from an employer, or if you feel your daily maintenance payments are not enough to cover your rent and groceries, you do not have to fight the insurance companies alone.
The maritime injury attorneys at Stag Liuzza understand the complexities of federal maritime law and the specific challenges facing workers in the Gulf region. We can review your medical records, calculate your true cost of living, and fight to ensure you receive every dollar you are legally owed. Contact us today to schedule a free, confidential consultation.