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Maintenance and Cure Law

Under general maritime law an employer has an obligation to provide its injured employee with "maintenance and cure". Typically maintenance and cure claims are filed by injured seamen since these individuals are necessarily filing suit against their employers.

The law states that all ambiguities or doubts in regard to a maintenance and cure claim should be resolved in favor of the seaman. This doctrine gives you an idea of how strong your rights are to maintenance and cure benefits.

Maintenance is defined by the law as the amount it costs for you to maintain yourself on land as your employer did at sea. In other words maintenance typically includes the costs for your lodging, food and monthly bills while you are injured. Most companies pay a fixed rate of $15.00 to $30.00 per day as maintenance. There is absolutely no basis in the law for the payment of this amount. Most companies arbitrarily select this amount and argue that it has been paid for many years to injured seamen. It is very important that you seek the maintenance rate which is proper in your case to pay your expenses while you are injured.

Cure is defined as medical expenses that are reasonable and related to your injury. You are allowed to select your own choice of treating physician and your company must pay for any medical treatment which is reasonable and related to your injury.

If your employer fails to pay maintenance and cure, you can present a claim to the judge or jury that your employer was (1) unreasonable in failing to pay maintenance and cure and (2) arbitrary in refusing to pay maintenance and cure. There is an escalating standard as to whether your employer was, first, unreasonable, then, arbitrary. If your employer is found to be unreasonable in failing to pay maintenance and cure to you, you may be awarded attorney fees associated with having to file suit in order to receive maintenance and cure. Additionally, if your employer is found not only to be unreasonable but also arbitrary in failing to pay maintenance and cure, you may be awarded damages for any worsening of your condition due to your employer's failure to pay your maintenance and cure.

Blog for Maintenance and Cure Law

Library for Maintenance and Cure Law:

Maintenance and cure- what is it?
Description: What is maintenance and cure under maritime law? How much is maintenance and what is it? Learn all about maintenance and cure here from maritime attorney Timothy Young.
What Is Maintenance and Cure?
Description: The term maintenance and cure refers to the general maritime law requirements that your employer pay both maintenance and cure if you suffer an injury in the service of the vessel. Maintenance is the amount that your monthly bills are each month for you to pay.
How Do I Pay My Bills If Can’t Work During The Claim?
Description: Transocean and other employers from the DEEPWATER accident may have to pay maintenance and cure to employees until maximum cure of the injured.
When a seaman is injured, what is meant by maximum medical improvement?
Description: Maintenance and cure are monetary compensation that is owed to any seaman who becomes injured or sick while working on a vessel and is not able to work for a period of time. Maintenance and cure benefits are paid until the seaman reached maximum medical improvement. Maximum medical improvement is the point in recovery from an illness or injury where a seaman’s condition will no longer improve with medical treatment. If your injury was caused by negligence or is otherwise the fault of your employer, you may be eligible for additional compensation including loss of future wages. The maritime injury lawyers at The Young Firm can help you determine if you have a maritime injury case. We can also help if you are having difficulty getting maintenance and cure payments from your employer. Call866-938-6113.
Injured at sea? How will you pay your bills?
Description: If you are a seaman who has been injured in a maritime accident, chances are that you are also worried about how you are going to pay the bills. You may be entitled to a variety of compensation, including maintenance and cure, unearned wages and Jones Act damages. Before you settle with your company, contact the Jones Act lawyers at the Young Firm. Call 866-938-6113 for a free consultation. We can help.
Hypothermia at sea, a major risk for maritime workers
Description: At this time of year, hypothermia is a major risk to maritime workers, and it is the biggest danger sailors face when falling into cold water. This article discusses the signs and symptoms of hypothermia, and the rights of injured seamen. If you’ve been injured while working on the water, call The Young Firm Maritime Injury Lawyers at 1-866-938-6113 for a free legal consultation.
Injured offshore? Get ready to fight for maintenance and cure
Description: If you’ve been seriously injured in a maritime accident, you may be unable to work for a period of time. While you can’t work, you could qualify for “maintenance and cure” from your employer to cover your living and medical expenses. However, your employer may not offer you the full amount that you deserve.
Punitive Damages Are Available for Failure to Pay Maintenance and Cure
Description: If your Jones Act employer fails to pay maintenance and cure benefits to you under general maritime law, and this failure is determined to have been willful and arbitrary, then the jury or judge is allowed to award you punitive damages for such failure.
Maintenance and Cure Resolved In Favor of Seaman
Description: Under Maritime Law of Maintenance and Cure, all doubts are to be resolved in favor of the injured Jones Act seaman. Read the main case on maintenance and cure law here.