What is maintenance and cure?
Maintenance is the cost of food and lodging, and transportation to and from a medical facility, until no further improvement is expected from a disabling injury or illness suffered while at work.. Cure is the cost of all reasonable medical attention required by an injury or illness while in the service of the vessel to which he is assigned.
Maintenance is the amount of money that is owed by the employer to the Jones Act seaman who has fallen ill or has been injured onboard the ship. The seaman does not have to prove negligence in order to be entitled to maintenance and cure. Maintenance is the amount of money it costs to live on shore; such as, food, housing, electricity, etc. Cure is the medical bills that are reasonable and necessary as a result of the injury or illness. Both maintenance and cure are paid until the doctor states that the seaman is at maximum medical cure, meaning that the seaman’s condition will not get any better.
Maintenance and cure are two of the benefits provided under general maritime law. These benefits are owed to any seaman who is injured or becomes ill while in service to a vessel, regardless of fault. A maritime employer has an absolute duty to provide maintenance and cure benefits to a sick or injured seaman. The maintenance benefits are intended to provide for the seaman’s reasonable room and board while recovering. While many employers still insist on paying outdated maintenance rates of $15-45 per day, the current trend within the courts is requiring employers to provide a maintenance rate sufficient to cover the seaman’s basic living expenses such as rent or mortgage, utilities, food and transportation. Cure benefits include all expenses incurred by the seaman for reasonable and necessary curative medical treatment. An employer cannot require an injured seaman to treat with a company doctor or place any restrictions on the medical treatment they will cover, other than the basic re
Related Questions
- Can a seaman get maintenance and cure benefits at the same time he is suing his employer for Jones Act negligence and unseaworthiness?
- Is a mariner who has sustained an aggravated or manifested illness or injury entitled to maintenance and cure benefits?
- As the lender or responsible party, how many days will I have to secure the house to cure maintenance violations?
