Maintenance and cure represents a unique benefit in maritime law that provides injured seamen with living expenses and medical care regardless of fault. This benefit flows from the employment relationship itself and does not require proving employer negligence. Employers who unreasonably deny or delay maintenance and cure face additional damages and penalties. Understanding this benefit helps injured seamen secure the support they need during recovery.
Understanding Maintenance
Maintenance provides daily living expenses to injured seamen during the period of recovery. This includes food and lodging costs the seaman would incur while recuperating ashore. The purpose is to place the seaman in a position roughly equivalent to the room and board they would receive while working aboard the vessel.
Maintenance rates vary but courts have established reasonable amounts based on actual living costs. Typical maintenance payments range from $30 to $70 per day, though rates can be higher in expensive metropolitan areas. Some courts have approved rates exceeding $100 per day in cities with high costs of living. Seamen should document their actual living expenses to support claims for appropriate maintenance amounts.
Maintenance continues until the seaman reaches maximum medical improvement—the point where the condition has stabilized and further treatment will not provide additional recovery. It also ends when the seaman is fit for duty and can return to work. The employer cannot unilaterally terminate maintenance; medical evidence must support discontinuation.
Understanding Cure
Cure requires the employer to provide all medical treatment necessary to achieve maximum medical improvement. This includes physicians, hospitalizations, surgeries, medications, physical therapy, and any other treatment reasonably expected to improve the seaman's condition. The obligation is absolute and does not depend on fault.
The employer must pay for cure directly or reimburse the seaman for medical expenses incurred. Seamen should not delay necessary treatment while waiting for employer authorization. The obligation exists regardless of the employer's consent to specific treatments.
Cure continues until maximum medical improvement, not until the seaman is fully healed. If the injury results in permanent impairment, cure ends when the condition stabilizes even though the seaman remains disabled. Further treatment that maintains but does not improve the condition is not covered by cure.
When Employers Stop Paying Maintenance and Cure
When an employer stops paying maintenance and cure without proper justification, seamen have powerful remedies available. Employers cannot simply decide to terminate benefits—they must have legitimate grounds supported by medical evidence showing the seaman has reached maximum medical improvement or is fit for duty.
Common improper reasons employers give for stopping payments include: claiming the injury is not work-related when evidence shows otherwise, alleging the seaman has reached maximum medical improvement without supporting medical documentation, asserting the seaman concealed a pre-existing condition, or simply stopping payments without explanation hoping the seaman will not pursue the matter.
Seamen whose maintenance and cure payments stop should immediately document the cessation date and request written explanation from the employer. Continuing to receive and document medical treatment demonstrates the ongoing need for cure. Keeping detailed records of living expenses supports claims for unpaid maintenance.
Legal action to recover unpaid maintenance and cure can include claims for the benefits themselves, compensatory damages for harm caused by the delay, attorneys' fees, and potentially punitive damages for willful misconduct.
Cure After Maximum Medical Improvement
Once a seaman reaches maximum medical improvement, the cure obligation ends—but determining when MMI occurs requires careful medical evaluation. Maximum medical improvement means the condition has stabilized to the point where further treatment will not provide meaningful improvement, not that the seaman has fully recovered or is pain-free.
Disagreements about whether MMI has been reached are common. Employers may rely on hired medical examiners who find MMI prematurely, while treating physicians may recommend ongoing treatment. Independent medical examinations can help resolve disputes, but seamen should ensure their own medical evidence is well-documented.
Treatment after MMI for maintenance purposes—such as pain management, physical therapy to maintain function, or monitoring of permanent conditions—is not covered by cure. However, seamen with permanent injuries may have significant claims for future medical expenses as part of their Jones Act negligence or unseaworthiness claims.
Employer Obligations and Deadlines
Employers must begin paying maintenance and cure promptly when seamen report injuries or illness. Unreasonable delay in commencing payments can result in additional damages. Employers cannot wait for complete medical documentation before beginning payments.
Investigation must be reasonable and not used to delay benefits. While employers may investigate claims, they cannot withhold benefits during prolonged investigation periods. Payments should begin promptly while investigation proceeds.
Medical treatment should not be unreasonably delayed or limited. Employers cannot substitute cheaper or less effective treatments to reduce costs. The seaman is entitled to proper medical care, and employers who interfere with treatment face consequences.
Penalties for Wrongful Denial
Employers who unreasonably deny or delay maintenance and cure face compensatory damages beyond the benefits themselves. Seamen can recover for any harm caused by the delay, including worsening of medical conditions, additional pain and suffering, and emotional distress.
Attorneys' fees may be awarded when employers wrongfully deny maintenance and cure. This exception to the American rule against fee-shifting reflects the severity with which courts view employer failure to meet these obligations.
Punitive damages may be available when employer conduct is willful, callous, or shows reckless disregard for the seaman's rights. Egregious denial of maintenance and cure can result in substantial punitive awards designed to punish wrongful conduct and deter future violations. Courts have awarded punitive damages when employers terminated benefits without justification, ignored medical evidence of ongoing need, or used delay tactics to pressure seamen into unfavorable settlements.
Documenting Maintenance and Cure Claims
Seamen should keep detailed records of all living expenses during recovery to support maintenance claims. Rent receipts, utility bills, and food expenses help establish actual costs. When maintenance rates offered by employers are inadequate, this documentation supports claims for higher amounts.
Medical records are essential for cure claims. All treatments, prescriptions, and medical recommendations should be documented. When employers dispute the need for treatment, detailed medical records from treating physicians provide critical evidence.
Communication with employers about maintenance and cure should be in writing when possible. Written requests for benefits, employer responses or denials, and any statements about the seaman's condition create a paper trail that proves the employer's conduct if litigation becomes necessary.
Relationship to Other Claims
Maintenance and cure is separate from and additional to Jones Act negligence claims. A seaman may receive maintenance and cure while also pursuing negligence claims for additional damages. The benefits are not deducted from negligence recoveries.
Maintenance and cure is also separate from unseaworthiness claims. These different remedies address different aspects of maritime law and can be pursued simultaneously. Total compensation combines all available sources.
Settlement of negligence claims may or may not include future maintenance and cure obligations. Seamen should ensure that settlements clearly address ongoing maintenance and cure rights or that settlements adequately compensate for waiver of these rights.
Conclusion
Maintenance and cure provides essential support for injured seamen during recovery, regardless of fault. When employers stop paying or wrongfully deny these benefits, seamen have remedies including compensatory damages, attorneys' fees, and potentially punitive damages. Understanding the cure obligation through maximum medical improvement and documenting all expenses and medical treatment helps seamen secure the full benefits they are entitled to under maritime law.