Maintenance and Cure: The Benefit Every Injured Seaman Should Claim First
Maintenance and cure is the money and medical care an employer must provide to a seaman injured while working on a vessel. Maintenance covers daily living costs. Cure covers treatment. Both are owed no matter who caused the accident. Request maintenance and cure promptly because these benefits can provide support while you recover, without requiring proof of employer negligence.
What Does Maintenance and Cure Cover?
Maintenance pays for basic living costs such as rent, food, and utilities. Cure pays for reasonable medical care, including surgery and physical therapy. Together they support you while you heal.
Picture a deckhand with a torn shoulder. He cannot work the boat, but the rent is still due, and groceries still cost money. Maintenance fills that gap. It is not a full paycheck. It is a living allowance while you recover. The daily rate may come from a contract or from proof of what you actually pay, so keep receipts.
Cure covers the medical side. Common injuries covered by the Jones Act, such as herniated discs, fractures, and shoulder damage, often need long treatment. Cure usually includes:
- Doctor visits and hospital care
- Surgery and follow-up procedures
- Prescription medication
- Physical therapy and rehabilitation
Who Qualifies as a Seaman?
A seaman spends a significant portion of their time aboard a navigable vessel. A common benchmark is at least 30 percent of work time on the water.
Job titles do not decide this. The work does. Tugboat crews, barge deckhands, and dredge workers on the Illinois River and the Chicago River can all qualify. So can cargo crews on Great Lakes ships. Read more on who qualifies as a seaman before assuming you are not covered.
Workers who stay on land follow a different path. Most of them file a workers’ compensation claim instead.
How Is It Different From a Jones Act Claim?
Maintenance and cure does not require proof of fault. A Jones Act claim does. Many injured seamen pursue both.
A Jones Act claim asks a court to hold the employer responsible for negligence. It can reach pain and suffering, lost earning capacity, and future medical costs. This benefit is the safety net underneath. It keeps you housed and treated while the bigger case builds.
Taking benefits does not mean giving up a larger claim. Still, never sign a release or settlement paper before a lawyer reads it.
When Can Maintenance and Cure Be Cut Off?
Benefits generally continue until you reach maximum medical improvement, when further treatment is not expected to improve your condition materially. Disputes can arise when an employer ends benefits before that point.
Employers sometimes cut payments sooner. Common arguments include:
- You healed enough, even though your doctor disagrees
- You hid a known medical condition on hiring paperwork
- You caused the injury through willful misconduct
Each argument can be tested. Medical notes, pay records, and a clear timeline matter. Keep every doctor’s letter that says you are still recovering.
Do not stop treatment because payments stop. Gaps in care give the employer a reason to say you have recovered. If you cannot afford a visit, tell your doctor and ask a lawyer how to restart benefits. Treatment records are your single best proof.
What If an Employer Refuses to Pay?
You can sue for the unpaid benefits. In 2009, the U.S. Supreme Court held in Atlantic Sounding Co. v. Townsend that punitive damages are available when an employer willfully refuses to pay maintenance and cure.
The case began with a tugboat crewman who fell on a steel deck and hurt his arm and shoulder. His employer said it would not provide benefits. The Court said punitive damages have long been part of maritime law, and that the Jones Act did not remove them.
The word that matters is willful. An honest dispute over medical facts differs from a refusal that ignores clear evidence. That line is where legal review matters most. The ruling also gives seamen real leverage against employers who stall.
What Records Help Prove a Claim?
Strong records show your injury, treatment, and living costs. Gather them early, because employers rarely volunteer them.
- Medical reports and every bill
- Pay stubs and your crew or hiring paperwork
- Rent, utility, and grocery receipts
- Your written benefit request and any reply
- Witness names and photos of the scene
Store copies somewhere safe. A simple folder or phone album works well.
What Should an Injured Seaman Do First?
Report the injury, get treated, and ask for benefits in writing. Early records protect every claim that follows:
- Report the injury to your captain or employer in writing.
- Get medical care and save every record and bill.
- Track what you pay for rent, food, and utilities.
- Send a written request for benefits.
- Do not sign releases or give recorded statements without legal advice.
Deadlines matter too. Jones Act lawsuits face a three-year limit under 46 U.S.C. § 30106, explained on the Jones Act statute of limitations page. Evidence fades much sooner than that.
Frequently Asked Questions
It generally lasts until you reach maximum medical improvement. That is the point where doctors say more treatment will not help. Keep every medical note.
Yes. You are owed cure benefits no matter who caused the accident. Fault is a Jones Act issue, not a requirement here.
Sometimes. An employer may argue you hid a known medical condition when hired. Honest paperwork matters, and a lawyer can review any denial.
No. Maintenance covers living costs, not full pay. You usually pursue lost earnings through a Jones Act claim.
Yes. A maritime injury lawyer can demand payment, gather medical evidence, and file a lawsuit if needed. Fee terms are discussed during a free consultation.
What Is Your Next Step After a Vessel Injury?
If you work on a barge, tug, or other vessel and your checks stopped, do not wait. Illinois Work Injury Lawyer offers a free consultation to injured workers. Contact our team to bring your medical records and pay stubs, and ask how to keep your maintenance and cure benefits on track.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.