For maritime workers operating on the waters of the Gulf Coast and beyond, an injury suffered in the line of duty can bring immediate financial and medical hardship. Unlike land-based employees who rely on state workers’ compensation, injured seamen have unique and powerful rights under federal maritime law. Chief among these is the fundamental right to Maintenance & Cure. These essential benefits ensure that an injured seaman receives the necessary medical care and basic living expenses while recovering, regardless of who was at fault for the injury.
If you are an offshore worker who has been injured and your employer is delaying, denying, or improperly paying your Maintenance & Cure, you need immediate legal intervention. At our firm, our experienced Maintenance & Cure Lawyers are dedicated to protecting your fundamental rights and ensuring you receive every benefit you are entitled to under maritime law.
Maintenance & Cure are bedrock principles of maritime law, rooted in centuries of tradition and designed to protect seamen injured “in the service of the vessel.” They are absolute, no-fault obligations of the employer.
Maintenance refers to the daily living expenses an injured seaman is entitled to while recovering from a work-related injury or illness and unable to work. This includes reasonable costs for:
The purpose of maintenance is to provide for the seaman’s basic needs, as if they were still onboard the vessel, without having to rely on family or fall into debt during recovery.
Cure refers to the reasonable and necessary medical expenses incurred by the injured seaman for treatment of their work-related injury or illness. This includes costs for:
The employer’s obligation to provide “cure” extends to the point where the seaman reaches “Maximum Medical Improvement” (MMI).
Perhaps the most critical aspect of Maintenance & Cure is its “no-fault” nature. This means:
This is a stark contrast to state workers’ compensation systems, which often require complex claims processes and may limit your choice of doctors.
Maintenance & Cure benefits are specifically for “seamen.” Understanding this classification is key to knowing your rights.
To be considered a “seaman” for Maintenance & Cure purposes, you must:
This can include a wide range of maritime workers, from deckhands and engineers on tugboats and barges, to cooks and mechanics on offshore drilling rigs (if considered vessels).
Your injury or illness must have occurred while you were “in the service of the vessel.” This is a very broad standard. It means the injury can happen:
As long as the injury is related to your employment as a seaman, it generally falls under “in service of the vessel.”
Maintenance & Cure also applies to illnesses, not just injuries. If an illness manifests or is aggravated while you are in the service of the vessel, you are entitled to these benefits. Even if you have a pre-existing condition, if your work on the vessel aggravated, accelerated, or caused it to manifest, your employer has an obligation to provide Maintenance & Cure.
The employer’s obligation to pay Maintenance & Cure is not indefinite. It continues until the seaman reaches a specific point, called Maximum Medical Improvement (MMI).
The employer’s duty to provide cure typically ends when the seaman reaches “Maximum Medical Improvement” (MMI). This means that a treating physician determines:
It’s important to note that MMI does not necessarily mean you are fully recovered or able to return to work. It simply means your medical condition has plateaued.
Unfortunately, many employers and their insurance companies try to cut off or reduce Maintenance & Cure benefits prematurely, often to save money. Common tactics include:
While Maintenance & Cure is a fundamental right, protecting that right against a powerful employer or their insurance company can be challenging.
Employers sometimes pay maintenance at a woefully low rate, or they delay payments, causing immense financial stress. An attorney can enforce your right to timely and adequate maintenance payments.
Your employer’s obligation is to provide “reasonable and necessary” cure. They may try to limit your medical care, deny expensive treatments, or pressure you to see doctors who will clear you for work prematurely. Your lawyer can fight for your right to the best medical care available.
If your employer denies your Maintenance & Cure claim or unreasonably delays payments, you may have an additional claim for damages, including attorney’s fees, and potentially even punitive damages if the denial was willful and arbitrary. An attorney can pursue these additional remedies.
Your Maintenance & Cure claim is often separate from, but related to, a larger Jones Act negligence or unseaworthiness claim. A lawyer can ensure that securing your Maintenance & Cure benefits does not jeopardize your ability to seek full compensation for lost future wages, pain and suffering, and other damages in a negligence lawsuit. They ensure proper documentation for both aspects of your claim.
If your employer stops paying or threatens to stop paying, immediately contact an experienced maritime attorney. Do not agree to anything or sign any documents without legal advice. Your attorney can intervene to demand reinstatement of benefits and pursue legal action if necessary.
While your employer may suggest a doctor, you generally have the right to choose your own physician to ensure you receive unbiased medical care. It’s crucial to consult with your attorney about your medical treatment options and avoid doctors who may be biased towards the employer.
Yes, potentially. An injury or illness that occurs during shore leave is generally considered “in the service of the vessel” as long as it’s not due to your own willful misconduct or intoxication.
Maintenance is designed to cover basic living expenses, not your full wages. For your full lost wages, and for future lost earning capacity, you would typically pursue a separate claim under the Jones Act (if applicable) or other maritime laws, where negligence must be proven.
You are entitled to Maintenance & Cure until you reach Maximum Medical Improvement (MMI). This is when your treating physician determines that your condition has stabilized and no further medical treatment will improve it.
Suffering an injury offshore is a traumatic experience, and navigating the complexities of recovery while worrying about your basic needs can be overwhelming. As an injured seaman, you have a fundamental right to Maintenance & Cure – essential benefits that cover your living expenses and medical care during your recovery. Don’t allow your employer or their insurance company to deny, delay, or improperly calculate these critical payments. At our firm, our Gulf Coast Maintenance & Cure Lawyers are fierce advocates for injured seamen. We understand the tactics employers use to avoid their obligations, and we are prepared to fight tirelessly to ensure you receive every benefit you are entitled to, allowing you to focus on your healing.
Protect your rights to essential living and medical support. Time is of the essence.
