When maritime workers suffer injuries while performing their duties at sea, the maritime law of maintenance and cure guarantees coverage for necessary medical care and basic living expenses, no matter who was responsible for causing the injury. This time-honored legal safeguard is a fundamental component of maritime workers’ rights, offering financial and medical support until the seaman reaches maximum medical improvement.
Since seamen aren’t eligible for standard workers’ compensation like land-based employees, it’s essential to fully understand these protections. Knowing your rights under maritime law is key to recovering properly and avoiding unnecessary financial strain after a serious accident.
What Is Covered Under Maintenance and Cure?
Maintenance includes reasonable food and lodging expenses a seaman incurs while recovering away from the vessel. Cure covers all necessary medical treatment, medications, and rehabilitation costs, including surgeries, therapy, and follow-up appointments recommended by the seaman’s physician. These benefits begin the moment an injury or illness occurs during service to the ship and continue until a doctor declares the seaman fit for duty or is of the opinion that their condition cannot be further improved. Importantly, employers of seamen have a strict obligation to pay maintenance and cure to seamen injured in the course of their job duties, regardless of who was at fault for the injury.
In many cases, cure may also include specialist visits, diagnostic testing, transportation to appointments, and long-term treatment plans, especially in the case of a serious injury. The law requires that employers cover all reasonable and necessary medical care directly related to the injury, ensuring that no seaman is left to shoulder the burden of recovery alone.
“Maintenance and cure are ancient remedies designed to encourage maritime service by providing medical care and basic support to seamen injured in the line of duty.” – U.S. Coast Guard
Employers’ Duty and Your Legal Rights
Vessel owners and employers are legally obligated to pay maintenance and cure, and their failure to do so can result in additional damages or legal consequences. If your benefits are denied or delayed, you may also pursue punitive damages under maritime law to hold your employer accountable. Always keep detailed medical records, expense documentation, prescriptions, and communication with healthcare providers to protect your claim and strengthen your case in the event of a dispute.
Common Issues in Maintenance and Cure Claims
Seamen often encounter pushback when filing for maintenance and cure. This pushback can come in the form of underpaying daily rates for maintenance, refusing to cover certain medical treatments, and/or prematurely terminating benefits without proper justification. Employers may dispute the severity of an injury or argue against the necessity of specific treatments.
Knowing your legal rights and seeking qualified maritime legal help can make a major difference in protecting your well-being, securing full benefits, and avoiding prolonged disputes.
Why Legal Help Matters for Maritime Injury Cases
An experienced maritime attorney can help you navigate complex issues like proving vessel service, validating medical treatment, and recovering unpaid benefits. Your case may also involve other claims like unseaworthiness or negligence under the Jones Act, which can significantly increase the compensation you may be eligible for. Legal professionals in this field understand the intricacies of maritime law, employer obligations, and common tactics used to delay or deny claims.
If you’re unsure whether your injury qualifies or believe your employer is withholding benefits, don’t hesitate to seek help. Understanding your full range of options can help you avoid costly mistakes in the claims process and ensure that you receive the full compensation you are entitled to.
Protecting Maritime Workers Across the U.S.
Maritime injuries can take place in a variety of locations—on fishing boats, cargo vessels, cruise ships, or offshore oil rigs. Because these accidents aren’t limited by region, legal support must extend across state lines and coastlines. Protecting the rights of seamen requires deep knowledge of federal maritime laws and a strong commitment to advocating for injured workers.
At BoatLaw, LLP, we understand the hardships injured maritime workers face—and we’re here to help. With decades of experience in maritime law, we’re committed to protecting your rights, securing your maintenance and cure benefits, and holding your employer(s) accountable. Whether you’re recovering from an injury or facing denied benefits, we’ll stand by you with trusted legal guidance, aggressive representation, and a deep commitment to justice on your behalf.
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
