What Is Maintenance and Cure? A Complete Guide (2026)
If you work at sea and get hurt or sick on the job, you have a right to something called maintenance and cure. It's a no-fault benefit that's been part of maritime law for centuries. Your employer must pay your daily living expenses and all reasonable medical bills until you get better , regardless of who caused the injury. Here's exactly how it works and what you need to know to get what you're owed.
What Is Maintenance and Cure?
Maintenance and cure is a legal duty under general maritime law. It requires a vessel owner or employer to provide a seaman with living expenses (maintenance) and medical care (cure) after an injury or illness that happens while the seaman is "in service of the vessel." The obligation exists without regard to fault. It doesn't matter if you made a mistake or the employer was negligent.
The term "maintenance" covers your basic daily costs: food, rent, utilities, and similar necessities. "Cure" covers all reasonable medical expenses , doctor visits, surgery, medication, physical therapy, even transportation to appointments. The benefits continue until you reach maximum medical improvement (MMI). That means either you're fully healed, or further treatment won't help your condition.
This doctrine dates back to ancient maritime codes. The U.S. Supreme Court has called it a "time-honored" right that protects seamen who face unique risks at sea. Unlike workers' comp, there's no waiting period or dispute over fault. The employer must pay immediately and keep paying until a doctor says you've reached MMI.
Who Is Entitled to Maintenance and Cure?
To qualify, you must be a "seaman" under maritime law. The U.S. Supreme Court inChandris, Inc. v. Latsisset a two-part test: (1) your duties must contribute to the function of a vessel or its mission, and (2) your connection to that vessel or fleet must be substantial in both time and nature. This includes most offshore workers: deckhands, fishermen, oil rig workers on jack-up rigs, tugboat crew, and merchant mariners. It generally excludes longshoremen, harbor workers, and dock builders who don't spend most of their time on the vessel.
You also need to be "in service of the vessel" at the time of injury or illness. That means you're acting under orders or doing something reasonably related to your job. Even if you're on shore leave or commuting, you may still be in service depending on the facts. Courts interpret this broadly to protect seamen, especially when the injury is connected to the work.
Preexisting conditions don't automatically disqualify you. If your work aggravated a prior injury or illness, you're still entitled to maintenance and cure. However, if you intentionally hid a serious medical condition during the hiring process, the employer may use theMcCorpendefense to deny benefits.
For a detailed breakdown of seaman status and eligibility, on What Is Maintenance and Cure in Maritime Law?
What Does Maintenance and Cure Cover?
Maintenance is a daily allowance meant to cover your living expenses on land while you can't work. Many employers start at $30, $40 a day, but that's not the legal rate. You're actually entitled to your actual household expenses , rent/mortgage, food, utilities. If those total $80 a day, that's what you should get. The Fifth Circuit inHall v. Noble Drilling Servicesmade clear that maintenance must cover actual costs, not a flat arbitrary amount. Union contracts may set a different rate, but outside those, your employer owes what it really costs you to live.
Cure covers all reasonable medical expenses related to the injury or illness. This includes:
- Doctor and specialist visits
- Hospital stays, surgery, emergency care
- Diagnostic tests (X-rays, MRIs, CT scans)
- Prescription drugs and medical equipment
- Physical therapy and rehab
- Transportation to medical appointments
You have the right to choose your own doctor. Your employermustpay for treatment even if you see someone outside their network. Cure continues until a doctor says you've reached MMI , no further improvement is expected. If the employer cuts off cure early, they may owe punitive damages.
Beyond maintenance and cure, injured seamen also have rights to unearned wages (pay for the rest of the voyage) and, if negligence or unseaworthiness caused the injury, additional damages under the Jones Act. Those claims are separate and can cover pain and suffering, lost future earnings, and long-term disability.
How to Claim Maintenance and Cure
Filing for maintenance and cure doesn't require a lawsuit , at least not at first. The law says your employer should pay voluntarily once they know you're hurt. But many don't. Here's the step-by-step process to protect your rights.
- Report the injury immediately. You have to notify your supervisor within 7 days. Ask for a written incident report and keep a copy. Be honest, but don't admit fault.
- Get medical treatment right away. Don't delay. If you're at sea, your employer must get you to shore for care. The Coast Guard can evacuate you if needed. Delaying treatment can be used against you.
- Choose your own doctor. You don't have to see a company doctor. Your employer must pay for any qualified provider you choose. At least see your own doctor first before any company physician.
- Document all expenses. Keep receipts for everything: food, lodging, medical bills, travel costs. Use the maintenance and cure worksheet from this guide to track what you spend.
- Send a demand letter to your employer. Your attorney can write a letter detailing your injury, expenses, and the law requiring them to pay. This often triggers voluntary payment.
- Hire a maritime lawyer if they refuse. If your employer doesn't pay or delays, you may need to file a lawsuit. Courts can award punitive damages if the denial was unreasonable or arbitrary.
An experienced maritime attorney can handle the demand letter, negotiate with the insurance company, and file suit if needed. Many firms offer free consultations. Don't sign any recorded statement or settlement without talking to a lawyer first.
Common Disputes and Defenses
Even though maintenance and cure is a no-fault benefit, employers and their insurers often fight it. Knowing the common defenses can help you prepare.
- Seaman status. The employer may argue you weren't a seaman under theChandristest. Document your job duties and time on the vessel.
- Not in service of the vessel. If you were on shore leave or commuting, the employer may claim you weren't acting under orders. However, courts look at the totality of circumstances , being on call often qualifies.
- Willful misconduct or intoxication. This is a very high bar. The misconduct must be "positively vicious" , like gross negligence or intentional harm. A drunk seaman who falls off a barstool may still get benefits unless the behavior was extreme.
- Failure to substantiate. You need to prove the injury happened while in service. Call witnesses, take photos, keep a diary.
- Abandonment of treatment. If you stop going to the doctor or refuse recommended surgery, the employer can cut off cure. Follow all medical advice.
- TheMcCorpendefense. If you lied about a preexisting condition on your medical questionnaire, the employer may deny all benefits. Always be truthful, but also know that an honest omission doesn't necessarily forfeit your rights.
The courts resolve all doubts in favor of the seaman. So even if the employer raises a defense, you often win if the evidence is close. An experienced lawyer can counter these arguments effectively.
For a deeper look at defenses, from Chamberlain Hrdlicka.
Frequently Asked Questions
How long does maintenance and cure last?
It lasts until you reach maximum medical improvement (MMI). That means either your condition won't get better with more treatment, or you're fully healed. If you have a permanent disability that can't be improved, maintenance and cure ends. But you may still have a Jones Act claim for future losses.
Does maintenance and cure cover lost wages?
Not directly. Maintenance and cure cover living expenses and medical bills, not lost income. However, you are entitled to unearned wages for the rest of the voyage you were on when injured. For long-term wage loss, you need to file a Jones Act or unseaworthiness claim for negligence.
Can I choose my own doctor?
Yes, you have the absolute right to choose your own doctor. Your employer cannot force you to see a company doctor. They must pay for all reasonable medical treatment from the provider you select. However, they can require that you see their doctor for an independent medical exam at least once.
What if my employer refuses to pay?
You can file a lawsuit in federal court. If the court finds the employer's refusal was unreasonable or arbitrary, you may get punitive damages and attorney fees. Contact a maritime lawyer immediately. Many offer free consultations and work on contingency.
Does maintenance apply if I'm hospitalized?
If you're in the hospital, maintenance usually stops because the hospital provides room and board. But cure covers all hospital bills. Once you're discharged and recovering at home, maintenance resumes to cover your living expenses.
What is the average maintenance rate?
There is no set rate. Employers often start at $30, $50 a day, but you're legally entitled to your actual living expenses. Courts have ruled that maintenance must cover your real costs for rent, utilities, and food. If you live in a high-cost area, your rate could be $100+/day. Keep receipts to prove it.
Conclusion
Maintenance and cure is a powerful but often misunderstood right. If you're a seaman who gets hurt, you don't have to prove fault , your employer must pay for your living expenses and medical care until you reach MMI. But employers don't always follow the law. That's why knowing the rules , and having a good maritime attorney on your side , can make all the difference. If you need help, reach out to a lawyer who specializes in maritime injury claims. Your health and financial stability depend on it.
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