Maintenance and Cure Explained

Maintenance and cure is one of the oldest protections in maritime law — a no-fault obligation requiring a vessel owner or employer to support an injured or ill seaman during recovery, regardless of who was at fault for the injury. This guide explains what maintenance and cure covers, who qualifies, and what recourse exists when it is wrongfully denied. It is general legal information, not legal advice about any specific situation.

What Maintenance and Cure Covers

Maintenance and cure is actually two related benefits:

• Maintenance — a daily stipend intended to cover a seaman's basic living expenses (such as food and lodging) while they are unable to work and recovering away from the vessel, roughly equivalent to what the vessel would have otherwise provided aboard.
• Cure — coverage of reasonable medical expenses connected to treating the injury or illness, including doctor visits, hospitalization, medication, and therapy.

Both benefits are generally owed until the seaman reaches maximum medical improvement (MMI) — the point at which further treatment is not expected to meaningfully improve the condition — rather than until a fixed date or dollar cap.

Who Qualifies

Maintenance and cure is owed to a "seaman" under general maritime law — generally the same category of worker covered by the Jones Act, evaluated under the test from Chandris, Inc. v. Latsis, 515 U.S. 347 (1995): duties that contribute to a vessel's function, combined with a substantial connection to a vessel in navigation. See our guide to Jones Act and seaman's injury rights for more on how seaman status is determined.

When Maintenance and Cure Applies

Unlike a negligence claim, maintenance and cure does not require showing that the employer or vessel owner did anything wrong. It generally applies whenever a seaman becomes injured or ill while "in the service of the vessel" — a concept courts have interpreted broadly to include most injuries and illnesses that occur during a seaman's period of employment, including some that are not directly connected to job duties, with limited exceptions such as injuries resulting from a seaman's own willful misconduct or concealment of a preexisting condition.

How Maintenance and Cure Differs From a Negligence or Unseaworthiness Claim

Maintenance and cure is a separate obligation from a Jones Act negligence claim or a general maritime unseaworthiness claim, and a seaman can generally pursue all of these at the same time. Maintenance and cure is typically paid (or should be paid) promptly after an injury, while a negligence or unseaworthiness claim usually takes longer to investigate, negotiate, or litigate. Our guide to Jones Act vs. general maritime law explains how these claims relate to one another.

What Happens When an Employer Denies or Terminates Maintenance and Cure

Employers and their insurers sometimes dispute or cut off maintenance and cure — for example, by arguing the seaman has reached maximum medical improvement, that a preexisting condition was concealed, or that the injury did not occur in the service of the vessel. Because maintenance and cure is considered a fundamental maritime obligation, courts have historically held employers to a high standard when it comes to denying or terminating it. In Vaughan v. Atkinson, 369 U.S. 527 (1962), the U.S. Supreme Court allowed recovery of attorney's fees where an employer's refusal to pay maintenance and cure was found to be unreasonable, and in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), the Court held that punitive damages may be available where an employer's failure to pay maintenance and cure is willful or wanton. This means a wrongful denial of maintenance and cure can itself become a separate source of liability, beyond simply owing the underlying benefit.

How Maintenance Amounts Are Determined

There is no single fixed nationwide dollar amount for maintenance — the rate is generally meant to reflect the seaman's actual reasonable living expenses, and courts and parties often look to a seaman's own documented costs, or to rates established in an applicable collective bargaining agreement where one exists, when the amount is disputed.

What an Injured Seaman Should Do

Promptly reporting an injury or illness to the employer, seeking medical evaluation, and keeping records of living expenses and medical costs are generally important steps for supporting a maintenance and cure claim. If an employer disputes or delays payment, many seamen benefit from involving a maritime injury lawyer early, both to help secure the benefit and to evaluate whether a broader negligence or unseaworthiness claim may also be available.

Getting Legal Guidance

This article provides general legal information about maintenance and cure and does not constitute legal advice for any specific situation. Laws vary by jurisdiction and by the facts of each case, and only a qualified attorney reviewing the specific circumstances can advise on the rights and options that may apply.

This article is general legal information, not legal advice, and does not guarantee any particular outcome. No attorney-client relationship is created by reading this page.