Are You Entitled to Maintenance and Cure Benefits?

Posted on : April 3, 2017Posted By : Matthew Russell
Posted In : Personal Injury

If you work aboard ships, you face unique workplace challenges such as rough seas, cold temperatures, cramped workspace, long hours, and limited access to medical assistance. To offset these dangers, the general maritime law requires employers to pay maintenance and cure benefits to seamen who are injured or become ill while working aboard a ship.

Sea-based maritime workers are considered “seamen” under the general maritime law. For example:

  • Fishermen
  • Fish processors
  • Some marine construction workers
  • Deckhands
  • Engineers
  • Cooks
  • Stewards
  • And any other members of a ship’s crew are considered seamen.
Maritime Injury Lawyer

Understanding Maintenance and Cure Benefits

An employer must provide maintenance and cure to any seaman whose injury or illness occurred, manifested or became aggravated while in the service of the ship. These benefits are owed regardless of whether the employer was at fault.

Maintenance is a daily stipend to cover the seaman’s food and lodging expenses while he is seeking treatment for his illness or injury onshore. The maintenance rate may be stated in the seaman’s employment contract (i.e., shipping articles, coastwise articles). In the event this rate is insufficient to cover the seaman’s basic food and lodging expenses, he may seek a more reasonable rate.

Cure covers the seaman’s medical expenses, including travel for treatment. Both maintenance and cure are owed until the seaman reaches maximum medical improvement, that is, until his or her condition cannot be further improved.

Get Legal Help With Maritime and Jones Act Injuries

If you were injured while working aboard a ship, a Maritime, Offshore, Jones Act personal injury attorney can help you obtain the maintenance and cure benefits you are entitled to. For more information, contact us today at 800-529-0842 or by filling out our contact form.

About the Author
Matthew-Russell
Matthew Russell
Matthew Russell is a founding partner at Russell & Hill, PLLC, and practices 100% personal injury law. He is admitted to the Washington bar (2001) and Oregon bar (2014). He earned his J.D. from Hamline University School of Law and his undergraduate degree from Clemson University. Matthew is a member of the Washington State Bar Association and Oregon State Bar Association. Connect with him on LinkedIn.

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