What is "maintenance and cure?"
"Maintenance and cure" is an ancient doctrine which provides seamen medical care and living expenses while they are recovering from work-related injury or illness.
"Cure" is medical care. A seamen is entitled to cure regardless of fault, as long as he or she was injured in the course and scope of maritime employment. Seamen are entitled to cure until the point of maximum medical cure.
"Maintenance" is also owed regardless of fault, as long as the seamen was injured in the course and scope of maritime employment. Maintenance is essentially living expenses while recuperating, and ranges from $15 to about $45 dollars a day.
In some cases, employers refuse to pay maintenance and cure to injured seamen. In such cases, in addition to Jones Act negligence claims and unseaworthiness claims, injured workers can file a claim for maintenance and cure. If the employer willfully refuses to pay maintenance and cure, you may be able to recover attorney fees for this portion of the claim as well.
"Cure" is medical care. A seamen is entitled to cure regardless of fault, as long as he or she was injured in the course and scope of maritime employment. Seamen are entitled to cure until the point of maximum medical cure.
"Maintenance" is also owed regardless of fault, as long as the seamen was injured in the course and scope of maritime employment. Maintenance is essentially living expenses while recuperating, and ranges from $15 to about $45 dollars a day.
In some cases, employers refuse to pay maintenance and cure to injured seamen. In such cases, in addition to Jones Act negligence claims and unseaworthiness claims, injured workers can file a claim for maintenance and cure. If the employer willfully refuses to pay maintenance and cure, you may be able to recover attorney fees for this portion of the claim as well.
