Maritime workers perform some of the most challenging and hazardous jobs in the world. Given the dangerous conditions at sea, injuries are unfortunately common. When a maritime worker is injured or falls ill while in service of a vessel, they are entitled to a specific set of benefits under maritime law known as maintenance and cure.
These benefits have been established to ensure that injured seamen receive the necessary financial support and medical care during their recovery.
Understanding Maintenance and Cure
Maintenance and cure is a fundamental doctrine in maritime law that guarantees injured seamen essential financial and medical benefits, regardless of fault. This long-standing legal principle dates back centuries and is designed to provide immediate relief to those injured while working aboard a vessel. The term “maintenance” refers to the daily living expenses an injured seaman requires while they recover, while “cure” covers the necessary medical treatment until the individual reaches maximum medical improvement (MMI).
Maintenance: specifically includes costs such as rent, utilities, food, and other basic living necessities. However, it does not extend to luxuries or excessive expenses beyond what the injured worker would ordinarily require. The amount awarded for maintenance is often modest, but it is essential in ensuring the seaman can support themselves during recovery.
Cure: covers all reasonable medical expenses related to the injury or illness. This can include hospital visits, surgeries, medications, physical therapy, and even transportation costs for medical care. The obligation to provide cure continues until a qualified physician determines that the seaman has reached MMI, meaning that no further medical treatment will improve their condition.
The Employer’s Obligation and Challenges Faced by Injured Seamen
Under maritime law, a seaman’s employer or vessel owner is responsible for paying maintenance and cure benefits. Unlike traditional workers’ compensation claims, these benefits are owed regardless of whether the employer was negligent or the seaman contributed to their own injury. This no-fault system is designed to provide injured maritime workers with swift financial relief and medical assistance without prolonged legal battles.
Despite the clear legal obligation, many injured seamen face significant challenges in securing the full benefits they deserve. Employers and insurance companies may attempt to undervalue maintenance payments, delay medical care, or prematurely declare MMI to cut off benefits. In some cases, they may deny payments altogether, arguing that the injury was pre-existing or did not occur in service of the vessel. This is where an experienced maintenance and cure lawyer becomes essential in advocating for the injured worker’s rights and ensuring that they receive the full scope of benefits owed under maritime law.
How Maintenance and Cure Differs from Other Maritime Claims
Maintenance and cure benefits are separate from other legal claims that an injured seaman may pursue. For instance, if an injury was caused by employer negligence or an unseaworthy vessel, the seaman may also be entitled to compensation under the Jones Act or general maritime law. These additional claims can provide damages for lost wages, pain and suffering, and long-term disability, which maintenance and cure benefits do not cover.
In tragic cases where a maritime worker suffers a fatal injury, their family may have grounds to pursue a maritime wrongful death lawsuit under the Death on the High Seas Act (DOHSA) or the Jones Act. These lawsuits can help surviving family members recover compensation for financial losses, funeral expenses, and the emotional toll of losing a loved one due to negligence at sea.
Seeking Legal Assistance from a Maritime Injury Law Firm
The process of securing maintenance and cure benefits should be straightforward, but maritime employers and their insurers often complicate matters, leaving injured workers struggling to obtain the support they need. When an employer refuses to pay fair maintenance rates, prematurely cuts off medical treatment, or disputes the validity of an injury, it is crucial to seek legal representation from an experienced maritime injury law firm.
A knowledgeable attorney can hold employers accountable, ensure proper compensation, and pursue additional legal claims when applicable. Whether you are fighting for continued medical care, fair maintenance payments, or additional damages for employer negligence, a legal advocate specializing in maritime law can make all the difference in your case.
Protecting Your Rights as a Maritime Worker
If you or a loved one has suffered an injury while working at sea, understanding your rights under maritime law is essential. The doctrine of maintenance and cure exists to protect injured seamen, but securing these benefits can be a battle when employers attempt to minimize their financial responsibility. Seeking legal counsel from a skilled maintenance and cure lawyer ensures that your rights are upheld and that you receive the full medical and financial support you deserve.
Maritime law is complex, and the stakes are high for injured workers and their families. Whether you are struggling with a denied claim, receiving inadequate maintenance payments, or facing an employer’s resistance to providing necessary medical care, taking legal action can help you secure justice and fair compensation. Contacting a dedicated maritime injury law firm can be the first step toward ensuring a smooth recovery and a secure future after a workplace injury at sea.
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law. across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. To learn more about our firm or schedule a consultation with an attorney, contact us today.