Maintenance and cure is a long-standing right under maritime law. It protects seamen and certain maritime workers who suffer injury or illness while in service of a vessel.
Maintenance covers the worker’s basic living expenses. These include food and lodging while the person cannot work. Cure covers necessary medical treatment. The employer must pay reasonable medical costs until the worker reaches maximum medical improvement.
This duty arises as soon as the injury or illness occurs during service. The worker does not need to prove employer negligence. The obligation is almost automatic under general maritime law.
Employers or their insurers usually provide these benefits. They must continue payments as long as the condition requires care and the worker remains unfit for duty. However, benefits can stop if the worker reaches maximum recovery or refuses reasonable treatment.
Maintenance and cure differs from Jones Act damages. Jones Act claims require proof of negligence and can include lost wages and pain and suffering. Maintenance and cure focuses only on daily living costs and medical care.
Injured maritime workers should report the injury promptly. They should also seek proper medical treatment and keep records. Clear documentation helps protect their right to these benefits.
This protection remains important for seamen and offshore workers. It ensures they receive basic support during recovery without first having to win a lawsuit.