Maintenance and cure is a traditional remedy under United States general maritime law. It can require a seaman’s employer to provide basic living support and necessary medical care when the seaman becomes ill or injured while in the service of a vessel. Fault is generally not the starting question.
This remedy does not automatically apply to every person working anywhere at sea. Seaman status, the employment relationship, the connection with United States maritime law, and the circumstances must be reviewed. International crew members may also have medical, wage, and repatriation rights under contracts, collective agreements, flag-state law, or the Maritime Labour Convention.
What Is Maintenance?
Maintenance is a daily contribution toward reasonable food and lodging while the seaman is recovering ashore. It is not the same as full salary, compensation for pain, or reimbursement of every household expense.
Relevant expenses may include reasonable rent or housing costs, food, utilities associated with lodging, and similar necessities. The amount can be disputed. Keep receipts, leases, household bills, bank records, and a simple monthly expense calculation.
What Is Cure?
Cure covers reasonable and necessary medical treatment related to the illness or injury. Depending on the condition, this can include examinations, hospital care, surgery, medication, rehabilitation, therapy, diagnostic testing, and reasonable travel for treatment.
The employer may request medical information and may arrange examinations, but treatment decisions and disputes should be handled carefully. Keep the complete medical file and ask for written reasons if care is refused or stopped.
What Are Unearned Wages?
Unearned wages are separate from maintenance. They may include wages the seaman would have earned through the end of the voyage or agreed contractual period, depending on the applicable law and employment arrangement.
The older version of this article incorrectly described maintenance as 100% of wages until recovery. That is not an accurate general statement. Maintenance, cure, and unearned wages are distinct obligations.
How Does Maximum Medical Improvement Affect Cure?
Cure generally continues until the seaman reaches maximum medical improvement, often called MMI. MMI does not necessarily mean full recovery. It generally means that further medical treatment is not expected to improve the condition materially.
A company doctor’s statement is not always the final word. If treatment is stopped while another qualified doctor recommends curative treatment, obtain the records and independent legal advice.
Does Fault Matter?
Maintenance and cure is generally described as a no-fault remedy. A seaman does not usually have to prove employer negligence to establish the basic entitlement. However, disputes may arise concerning seaman status, whether the condition arose while in the service of the vessel, concealment of medical history, necessity of treatment, or whether MMI has been reached.
How Is This Different From a Jones Act Claim?
A Jones Act claim is based on employer negligence and can seek broader damages such as lost earning capacity, pain and suffering, and future losses. Maintenance and cure is a separate maritime obligation with different elements.
A person may potentially have both types of claim, as well as an unseaworthiness claim under general maritime law, but one remedy should not be used as a substitute for a complete legal review.
What Medical Records Should You Keep?
- onboard medical records and treatment notes;
- shoreside hospital and clinic records;
- diagnostic reports and images;
- prescriptions and medication receipts;
- referrals, therapy records, and work restrictions;
- fit-for-duty or unfit-for-duty declarations;
- communications approving, delaying, or refusing care;
- travel and accommodation expenses related to treatment.
Can the Employer Choose the Doctor?
Companies frequently direct seafarers to particular doctors or clinics. Questions about the seaman’s ability to choose a physician, obtain a second opinion, or receive particular treatment depend on the facts and applicable law. Do not abandon necessary treatment without advice, but do not assume that you must accept an inadequate diagnosis without question.
What If Benefits Are Delayed or Stopped?
- Ask for the decision and reason in writing.
- Request the medical opinion used to justify the decision.
- Continue appropriate medical follow-up.
- Keep proof of living and treatment expenses.
- Do not sign a release or final settlement without independent advice.
- Speak with a qualified maritime lawyer promptly.
An unreasonable failure to pay maintenance and cure can create additional legal consequences under United States law, but the required proof and available damages are fact-specific.
What If You Are a Foreign Cruise Ship Crew Member?
Foreign nationality does not automatically include or exclude a claim. The vessel, employer, contract, flag, operational connections, and forum clauses must be assessed. Many international cruise contracts require arbitration or select foreign law, while some cases still have sufficient United States connections for U.S. remedies to be considered.
The crew-specific accident guide explains which documents to preserve after repatriation: Injured While Working on a Cruise Ship.
Frequently Asked Questions
Does maintenance cover my mortgage or every household bill?
Not necessarily. Maintenance is generally tied to reasonable food and lodging expenses. The calculation can be disputed and depends on the evidence.
Can cure stop if I still have pain?
It can be disputed when the seaman reaches MMI. Continued pain does not by itself prove that further treatment will improve the condition, but a premature or unsupported termination should be reviewed.
Do I need to prove the company caused my illness?
Negligence is generally not required for basic maintenance and cure, but other eligibility questions may be contested.
Should I accept a lump-sum settlement?
Only after understanding the diagnosis, prognosis, future treatment, lost earnings, and rights being released. A quick payment can be inadequate if the medical condition has not been fully evaluated.
This article provides general information and does not determine whether U.S. maritime law applies to a particular seafarer.
