Last Updated on September 3, 2025 by The Young Firm
Maintenance: Keeping You Afloat While You Recover
The concept of maintenance in maritime law refers to the financial support an injured seaman receives to cover day-to-day living expenses while recovering. Maintenance ensures you can pay for your essentials, even when you can’t work. It generally covers rent or mortgage payments, utilities, groceries, and transportation, but it doesn’t typically cover all living costs like a paycheck. Injured workers often find that calculating an appropriate maintenance amount can be challenging. Many employers or insurance companies may try to minimize payments by limiting the amount they deem “necessary.” A maritime accident injury lawyer can help ensure that your maintenance benefits reflect your actual costs rather than an employer’s low-ball estimate. Skilled attorneys fully understand the specific items maintenance should cover, and they know how to document your costs to maximize your claim.Cure: Medical Treatment Costs for Maritime Workers
While maintenance covers your living expenses, cure addresses the cost of medical treatment. Cure is meant to pay for the reasonable and necessary medical expenses related to your injury or illness until you reach “maximum medical improvement” (MMI). MMI is when a doctor determines that your condition isn’t likely to improve with further treatment. Cures include hospital stays, doctor’s visits, surgeries, medication, and physical therapy. Obtaining cure benefits can sometimes involve disputes over the scope and duration of your medical care. For example, an employer may argue that your condition isn’t as severe as your doctor claims, or they may push to cut off benefits by insisting you’ve reached MMI prematurely. A maritime accident injury lawyer can help counter these arguments, advocating for the medical care you genuinely need to recover. Your attorney can collect medical evidence, coordinate with healthcare providers, and demonstrate why you need ongoing treatment if your employer tries to stop paying for it.Workers’ Compensation: How Does It Differ?
Can Maritime Workers Obtain Both Maintenance and Cure and Workers’ Comp?
For some maritime workers, it’s possible to qualify for both maintenance and cure benefits and workers’ compensation. While this sounds advantageous, it also brings complications, as there can be an overlap in benefits that leads to confusion or even double-dipping accusations from insurers or employers. For instance, if you’re a harbor worker covered by the LHWCA, you may receive workers’ compensation benefits for lost income and disability while still being entitled to cure to cover specific medical expenses. Navigating this dual-benefit system can be confusing, and some employers will attempt to deny cure payments on the grounds that workers’ comp is covering your costs. A knowledgeable maritime accident injury lawyer will ensure you receive every benefit you’re entitled to under both systems without falling victim to benefit reductions.Overcoming Challenges When Seeking Maritime Injury Benefits
Securing fair compensation for your maritime injury isn’t always straightforward. Insurance companies and employers may resist paying, arguing over your eligibility, disputing expenses, or trying to cut down your benefits. In many cases, an attorney well-versed in maritime law can help push back against these tactics, countering attempts to minimize or deny your claim.Classification Issues: Proving Seaman Status
One of the first obstacles you might face is a dispute over your classification. Employers often question whether you qualify as a “seaman,” trying to avoid paying maintenance and cure benefits. They may argue that your job duties don’t meet the legal requirements for seaman status, claiming that you spend too little time on a vessel or don’t perform work directly related to the vessel’s function. If your status is under scrutiny, a maritime accident injury lawyer can gather evidence of your job duties and time spent onboard, establishing that you meet the standards for seaman status. This classification is essential for securing the benefits you’re owed, and an attorney can be instrumental in proving it.Maintenance Amount Disputes: Getting the Support You Need
Employers may attempt to minimize your maintenance benefits by arguing that your expenses are inflated. Since maintenance payments cover basic living costs like rent, utilities, and food while you recover, the amount should reflect your real costs – not a reduced amount employers might want to pay. Many injured workers find themselves in protracted discussions over the value of these payments, with employers often trying to enforce the lowest possible amount. A maritime attorney can calculate a maintenance amount based on your actual expenses, ensuring that your benefits align with what you genuinely need to live while you’re out of work.Disputes Over Medical Treatment: Ensuring Proper Coverage
Another common challenge in maritime injury cases is securing full coverage for medical treatment. Employers might claim that specific treatments aren’t necessary or suggest that you’ve reached MMI before you’ve fully recovered. If this happens, a lawyer can advocate for you by consulting medical professionals who support your treatment plan, providing evidence that ongoing care is essential for your recovery. This step is crucial for keeping your benefits intact, especially when employers try to cut off cure payments prematurely.The Importance of Acting Quickly in Maritime Injury Cases
When Maintenance and Cure End, What’s Next?
Once you reach MMI, your cure benefits stop. But if you’re still dealing with impairments that keep you from returning to your previous role, you might need more than just the standard maintenance and cure benefits. That’s where additional compensation options come into play, especially through a Jones Act claim. The Jones Act provides a path for injured maritime workers to seek compensation if employer negligence contributed to their accident. Under the act, you can sue your employer, which can lead to far more substantial compensation than what maintenance and cure cover. This claim may include damages for pain and suffering, long-term lost earnings, and other costs beyond your basic living and medical expenses.How a Lawyer Can Help Determine the Right Path to Compensation
Determining if a Jones Act claim is viable requires careful assessment, and an attorney with maritime law experience can evaluate this. A lawyer will review the specifics of your accident and gather the evidence needed to prove employer negligence. This step can make all the difference, as a successful Jones Act claim might provide the long-term support you need to move forward after a serious injury. With an attorney’s help, you can pursue the compensation that covers your immediate needs and the ongoing challenges of a lasting impairment.Why Injured Workers Need a Maritime Accident Injury Lawyer for Workers’ Comp and Maintenance and Cure Claims
Legal assistance can make a substantial difference when dealing with an employer or insurance company that’s reluctant to pay. Attorneys handling maritime injury cases often take a strategic approach to documentation, medical records, and witness statements, strengthening your claim. Maritime injury lawyers can also represent you in negotiations, hearings, or trials, particularly if you face serious challenges with your employer. Many employers are well-versed in tactics to avoid paying fair compensation, and they know how to exploit the gaps between maintenance, cure, and workers’ comp laws to reduce what they owe. An experienced maritime accident injury lawyer knows how to recognize these tactics and can provide the guidance needed to overcome them.Helping With Emotional and Financial Strain During Recovery
Recovering from an injury is never easy, but maritime injuries have unique challenges. Maritime workers are often away from their families and support networks for long periods. Dealing with an injury can add strain, especially if you face financial uncertainties while waiting for benefits. Maintenance and cure only cover basic expenses, so you can still face out-of-pocket costs. Having a lawyer in your corner can help reduce the emotional and financial burden. Attorneys who work with injured maritime workers understand the stresses you face and can handle much of the claim process so that you can focus on your recovery.Fighting for Fair Compensation: Why It Matters
Fair compensation for your maritime injury is more than covering immediate expenses. Injuries can impact your earning capacity, future job prospects, and quality of life. Employers and insurance companies may try to shortchange you, but a maritime accident injury lawyer can push for the full extent of compensation you deserve. In cases involving permanent disability or extensive medical needs, an attorney can advocate for payments that account for all future costs, not just current expenses. Getting fair compensation helps you stay financially secure as you rebuild your life after an injury. It’s common for injured maritime workers to misunderstand the benefits they’re entitled to or to believe that they’re only eligible for one type of benefit. Many workers also think they must accept whatever amount their employer offers, even if it doesn’t cover all their costs. A maritime accident injury lawyer can clarify your rights and pursue all compensation available.Get Legal Help to Maximize Your Compensation
Frequently Asked Questions
What is “maintenance” in maritime law?
It’s financial support covering your basic living expenses—like housing and food—while you recover from a service-related injury.What does “cure” cover?
Cure covers your reasonable and necessary medical treatment related to your injury until you reach maximum medical improvement (MMI).How does workers’ compensation differ from maintenance and cure?
Workers’ comp, governed by state law or LHWCA, can provide broader benefits such as lost wages and long-term disability, unlike maintenance and cure.Can maritime workers receive both maintenance and cure and workers’ comp?
Yes—some maritime workers, such as longshoremen, may qualify for both, though navigating dual benefits can be complex.What challenges might I face when seeking these benefits?
Employers or insurers may dispute your seaman status, undervalue costs, prematurely cut off cure by claiming MMI, or deny benefits entirely.When should I act after an injury?
You must report the injury and seek help promptly to avoid harming your right to benefits like maintenance, cure, or workers’ comp.What happens after cure ends?
Once you reach MMI and cure ends, you may need to pursue a Jones Act claim for additional compensation like pain and suffering or long-term disability.Why consult a maritime injury lawyer?
A lawyer can help prove your seaman status, counter disputes, and ensure you receive every benefit you’re entitled to—including medical support and further claims under the Jones Act.