Working at sea is one of the most physically demanding and dangerous jobs in the world. Seafarers spend months away from home, often in harsh and unpredictable conditions.
When an injury or illness strikes, it can leave a worker not only in pain but also facing uncertainty about medical care and financial support. That’s where maintenance and cure come in—a fundamental right that ensures injured seafarers receive the treatment and support they need.
Understanding maintenance and cure is critical for any maritime worker. It provides essential protection, ensuring that those who get hurt on the job are not left struggling. Let’s break down what it means, how it works, and what injured seafarers need to know.
What Is Maintenance and Cure?
The concept of maintenance and cure comes from maritime law, specifically under the general principles of admiralty law in the United States. It guarantees that when a seafarer is injured or falls ill while in service to a vessel, they have the right to two key forms of support:
- Maintenance – The daily financial support for living expenses while the seafarer recovers.
- Cure – The medical care necessary to treat the injury or illness until they reach maximum medical improvement.
Unlike traditional workers’ compensation programs on land, maintenance and cure do not require proving fault. If a seafarer is injured while working on a vessel, they are entitled to these benefits regardless of how the injury happened.
Understanding Maintenance: Financial Support While Recovering
When a seafarer is unable to work due to an injury or illness, they are entitled to maintenance—a daily allowance meant to cover basic living expenses. This typically includes:
- Rent or mortgage payments
- Utilities (electricity, water, gas)
- Food and groceries
- Other basic necessities
However, maintenance does not cover extra expenses such as car payments, internet, or luxury costs. The amount of maintenance paid varies, but it is generally lower than most land-based disability payments. Unfortunately, some employers attempt to minimize maintenance payments, so it’s important for seafarers to understand their rights.
Understanding Cure: The Right to Medical Treatment
The cure portion of the law ensures that injured seafarers receive medical treatment for their condition. This includes:
- Doctor visits and hospital stays
- Surgeries and medical procedures
- Prescription medications
- Rehabilitation and therapy
- Medical devices (crutches, wheelchairs, prosthetics)
A key term to understand here is maximum medical improvement (MMI). A seafarer is entitled to medical care until a doctor determines that their condition has improved as much as possible. If an injury results in permanent disability, cure benefits may end, but the worker may still have legal options for additional compensation under maritime law.
Who Qualifies for Maintenance and Cure?
Not every maritime worker is covered under maintenance and cure, but the definition of a seafarer is fairly broad. A worker must:
- Be employed aboard a vessel that is in navigation (meaning it is operational and capable of movement).
- Contribute to the function or mission of the vessel.
- Be injured or become ill while in the service of the ship—this does not necessarily mean while actively working. Even injuries that happen during downtime onboard can qualify.
Fishermen, deckhands, engineers, cooks, and other crew members are typically covered. However, longshoremen and dockworkers, who primarily work onshore, are usually covered under different maritime laws such as the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Common Challenges Seafarers Face When Seeking Benefits
While maintenance and cure laws are meant to protect injured seafarers, employers and insurance companies sometimes try to avoid full payments. Here are some common challenges:
- Low Maintenance Payments – Some employers provide unrealistically low daily allowances that don’t cover basic living expenses.
- Premature Termination of Cure – An employer may try to stop paying for medical treatment before the worker has reached maximum medical improvement (MMI).
- Delays in Payment – Some companies slow down the process, hoping workers will give up their claims.
- Disputes Over Injury Validity – Employers may argue that an injury was pre-existing or did not occur in service to the vessel.
If a seafarer faces these challenges, they should seek legal advice from an attorney experienced in maritime law. Courts have consistently ruled in favor of seafarers when employers fail to meet their maintenance and cure obligations.
What to Do If You’re Injured at Sea
If you are a seafarer and suffer an injury or illness while working on a vessel, taking the right steps can help protect your rights and ensure you receive proper care.
- Report the Injury Immediately – Notify your supervisor and document the incident as soon as possible.
- Seek Medical Attention – Request medical treatment right away, whether onboard or at the nearest port.
- Keep Records – Maintain copies of medical records, receipts, and communications with your employer regarding your injury.
- Understand Your Rights – Don’t accept unreasonably low maintenance payments or early termination of medical treatment.
- Consult a Maritime Lawyer – If your employer disputes your claim, a maritime attorney can help you get the full benefits you’re entitled to.
Final Thoughts
Seafaring is a tough job, and injuries are an unfortunate reality of the profession. Maintenance and cure exist to ensure that injured workers get the support they need to recover and return to work—or receive adequate care if they cannot.
Knowing your rights is the first step to protecting yourself. If you or someone you know works at sea, understanding maintenance and cure can make all the difference in securing proper treatment and financial stability in the event of an injury.
