Employer Obligations Under Maintenance and Cure
Maintenance and cure is one of the oldest protections in maritime law. Employers must provide it to seamen who suffer injury or illness while in the service of a vessel. This duty arises under general maritime law and does not depend on fault. As a result, the obligation exists even when the seaman’s own carelessness contributed to the condition.
Maintenance covers the seaman’s reasonable living expenses ashore during recovery. It replaces the food and lodging the vessel would normally provide. Typical costs include rent or mortgage, utilities, property taxes, homeowner’s insurance, and food. However, it usually excludes non-essential items such as cable, streaming services, or car payments. Employers often pay a daily rate set by contract or collective bargaining agreement. In addition, the amount should reflect actual, reasonable expenses rather than an arbitrary low figure.
Cure requires the employer to pay for all reasonable and necessary medical treatment related to the injury or illness. This includes doctor visits, hospitalization, surgery, diagnostic tests, physical therapy, medications, and transportation to appointments. Seamen generally choose their own treating physicians. Moreover, the employer cannot force treatment through a company-selected doctor. Cure continues until the seaman reaches maximum medical improvement (MMI). MMI means the condition has stabilized and further treatment will not produce significant improvement, even if full recovery has not occurred.
The duty begins when the injury or illness manifests while the seaman is in the service of the vessel. It ends when the seaman becomes fit for duty or reaches MMI. Employers and unions cannot contract away this right. Therefore, any attempt to waive maintenance and cure in an employment agreement is invalid. The obligation remains separate from, and can run alongside, a Jones Act negligence claim or an unseaworthiness claim. Seamen may pursue all three remedies at the same time.
Certain limited defenses exist. Willful misconduct, such as intentional self-harm or intoxication that causes the injury, can bar benefits. The McCorpen defense may also apply if the seaman willfully concealed a material pre-existing condition during hiring that later relates to the claim. In most other situations, however, the duty is nearly automatic. When an employer unreasonably delays or refuses payment, the seaman can sue to recover the unpaid amounts. Courts may also award attorney’s fees and, in cases of willful or callous denial, punitive damages.
In practice, employers should investigate claims promptly and pay benefits when eligibility is clear. Seamen, meanwhile, should report the injury or illness quickly and document living expenses and medical needs. This framework ensures injured seamen receive essential support while they recover, without first proving employer fault.