Maritime workers face unique risks while performing their duties aboard vessels. Because of the dangerous nature of maritime work, federal maritime law provides special protections for injured seamen that differ significantly from standard workers’ compensation systems. One of the most important of these protections is the right to maintenance and cure. Understanding how maintenance and cure works is essential for maritime workers who have been injured while working at sea.
What Are Maintenance and Cure Benefits?
Maintenance and cure are long-standing protections under maritime law that require a vessel owner or employer to provide certain benefits to an injured seaman. These obligations exist regardless of who was at fault for the injury. Even if the employer was not negligent, maintenance and cure benefits may still apply.
“Maintenance” refers to the injured worker’s basic living expenses during recovery. This may include costs such as housing and food that the seaman would ordinarily receive while working aboard the vessel. “Cure” refers to payment of reasonable and necessary medical treatment related to the injury until the worker reaches maximum medical improvement.
These rights are separate from a Jones Act negligence claim and may be available even when no negligence occurred.
Who Qualifies for Maintenance and Cure?
Not every maritime worker qualifies for maintenance and cure benefits. Generally, the worker must meet the legal definition of a seaman under maritime law. This typically means the individual contributes to the function of a vessel and has a substantial connection to a vessel or fleet of vessels in navigation.
The determination depends on the worker’s duties and relationship to the vessel. Offshore workers, deckhands, engineers, and crew members commonly qualify, while some land-based maritime employees may fall under different legal frameworks.
When Maintenance and Cure Applies
Maintenance and cure obligations usually begin once a seaman is injured or becomes ill while in the service of the vessel. Importantly, the condition does not necessarily have to result from a workplace accident. In some situations, illnesses that arise during service aboard the vessel may also qualify.
The obligation generally continues until the worker reaches maximum medical improvement, meaning additional medical treatment is unlikely to significantly improve the condition. Maximum medical improvement does not necessarily mean full recovery, only that the condition is unlikely to improve substantially with additional treatment. Determining when maximum medical improvement has been reached can sometimes become a disputed issue between the parties.
Common Disputes Over Maintenance and Cure
Although maintenance and cure rights are well established under maritime law, disputes frequently arise over the amount of maintenance owed or whether certain medical treatments should be covered. Employers or insurers may argue that treatment is unnecessary, that the worker has already reached maximum medical improvement, or that the injury is unrelated to service aboard the vessel.
In some cases, disagreements also arise regarding the worker’s seaman status or whether the injury occurred within the scope of maritime employment. These disputes can significantly affect the benefits available to the injured worker.
Consequences of Wrongfully Denying Benefits
Maritime employers are expected to investigate maintenance and cure claims reasonably and in good faith. If an employer willfully and improperly refuses to provide benefits that are owed, additional legal consequences may follow.
Courts may allow injured workers to seek damages related to the improper denial of benefits in certain circumstances. Because maintenance and cure obligations are viewed as fundamental protections under maritime law, employers who fail to meet these responsibilities may face increased legal exposure.
Maintenance and Cure Versus Jones Act Claims
Maintenance and cure benefits are distinct from claims brought under the Jones Act. A Jones Act claim requires proof that employer negligence contributed to the injury, while maintenance and cure benefits are generally available regardless of fault.
In many maritime injury cases, an injured worker may pursue both types of claims simultaneously. For example, a worker may seek maintenance and cure benefits while also pursuing compensation for negligence-related damages such as pain and suffering or lost earning capacity.
Understanding the differences between these remedies is important when evaluating the full scope of a maritime injury claim.
Why Early Legal Guidance Matters
Maritime injury claims involve specialized federal laws and legal doctrines that differ from standard workplace injury cases. After an injury, employers and insurers may begin evaluating the claim immediately, and important records or evidence may need to be preserved.
Early legal guidance can help injured maritime workers understand whether they qualify as seamen, what benefits may be available, and whether additional claims under the Jones Act or other maritime laws should be considered.
Understanding Your Rights Under Maritime Law
Maintenance and cure rights provide important financial and medical protections for injured maritime workers during recovery. However, disputes over eligibility, treatment, and payment amounts can complicate the process.
If you are a maritime worker who has been injured while serving aboard a vessel, the maritime attorneys at BRILL & RINALDI, The Law Firm can help you evaluate your rights under federal maritime law. We understand the complexities of maintenance and cure claims and are prepared to pursue accountability when injured workers are denied the benefits they may be entitled to receive.
Schedule a consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.
Disclaimer: The information above is for general informational purposes only and does not constitute legal advice. Every case is different, and results are not guaranteed.