The Role of Maintenance and Cure Benefits in Maritime Law

Working on the sea has always been a uniquely dangerous profession, which is why sailors and other people who work on vessels are protected by a number of special laws that go over and above regular workers’ compensation. If you have been injured aboard a ship, you as a seaman have several possible options for recompense that you may wish to talk through with a maritime lawyer. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, TX, we can explain what is meant by “maintenance and cure benefits” and how this relates to maritime law.

The Role of Maintenance and Cure Benefits in Maritime Law

Maritime law, also known as admiralty law, is a distinct body of federal law governing maritime activities and offenses. One of its fundamental doctrines is the concept of “maintenance and cure,” which provides crucial protections for seafarers who are injured or fall ill while in service to a vessel. This doctrine ensures that maritime workers receive necessary medical care and basic living expenses until they reach maximum medical improvement.

Historical Background

The doctrine of maintenance and cure dates back to ancient maritime codes and has been recognized for centuries as a cornerstone of maritime law. The U.S. Supreme Court has upheld this principle in numerous cases, emphasizing the unique and perilous nature of maritime employment. This long-standing doctrine underscores the responsibility of shipowners to care for their crew members, reflecting a deeply ingrained legal and moral obligation.

Definitions and Scope

Maintenance

Maintenance refers to the daily living expenses that a seaman may incur while recovering from an injury or illness. This includes costs for food, lodging, and other necessary living expenses. Historically, this referred to the cost of living aboard ship while recuperating, but it now applies to living ashore, whether at home or elsewhere. The amount of maintenance is generally based on the reasonable cost of obtaining such necessities ashore.

The calculation of maintenance benefits varies and can depend on several factors, including the seaman’s standard of living and local costs of living. Courts generally aim to provide a reasonable amount that covers basic living expenses.

Cure

Cure refers to the medical expenses related to the treatment of the seaman’s injury or illness. This includes hospital bills, doctor’s fees, medication, and any other medical costs necessary for their recovery. Cure benefits continue until the seaman has reached maximum medical improvement (MMI), meaning their condition has stabilized and is not expected to improve further with additional medical treatment.

Cure benefits cover all reasonable and necessary medical expenses related to the injury or illness. There is no fixed amount for cure, as it depends entirely on the individual seaman’s medical needs. Courts have consistently ruled that seamen are entitled to the best available medical treatment, not just the bare minimum.

Legal Obligations of Shipowners

Shipowners have a non-delegable duty to provide maintenance and cure benefits to their crew members. This obligation begins as soon as the seaman is injured or falls ill while in the service of the vessel and continues until MMI is reached. It exists regardless of fault or negligence and is intended to provide prompt and effective relief to seamen.

Shipowners have been successfully sued after failing to provide maintenance and cure in a timely manner. In cases where a jury determined that these benefits were maliciously withheld, attorney’s fees and punitive damages have been awarded to recompense seamen for the additional harm caused to them by the denial of their right and discourage other shipowners from attempting to shirk their obligations.

Other Recourse: The Jones Act

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal statute that allows a seaman to sue a shipowner in tort for personal injury. It also allows eligible family members to sue the shipowner for a sailor’s wrongful death. The personal injury need not have been actively caused by the shipowner; if a captain’s orders or another crew member’s actions lead to an accident or injury, the shipowner can still be held liable for it. Unlike maintenance and cure, the Jones Act only covers injuries and would not apply to illness unless it was caused by the employer.

There are some restrictions on who is eligible to make a Jones Act claim. It only applies to “seamen,” meaning those who spend 30% or more of their working time in the service of a vessel on navigable waterways. Those who do not qualify as seamen should instead seek recourse under the Longshore and Harbor Workers Compensation Act. You can file a Jones Act claim alongside a maintenance and cure claim or maintenance and cure-related lawsuit. However, a Jones Act claim must be filed within 3 years of the accident or injury, or it is considered to be time-barred.

Federal and State Court

Depending on the circumstances, maritime cases may be tried in either federal or state courts. If a maritime case is heard in a state court, the court may defer to maritime law and apply it even when it conflicts with state law. This can make a significant difference to a case, as federal admiralty law and state law are often different.

What To Do If You’ve Been Injured

There are ways that you can increase the chances of your maintenance and cure benefits being granted quickly while also guarding against any future challenges. Be sure to report any illnesses or injuries to your supervisor, employer, and any company medical officer. Make sure you seek medical attention quickly and that the records accurately document your condition. Keep records of all your medical expenses and treatments, and keep any correspondence you have had with your employer about maintenance and cure.

Why Hire a Maritime Lawyer in Houston Texas?

Despite the clear legal obligations, disputes over maintenance and cure benefits are common. It may be that the maintenance payments you have been granted are inadequate to cover your living expenses. You may be in a disagreement with your employer about what constitutes “necessary and reasonable” medical treatment. Your employer may be claiming that you have reached MMI and that they are no longer obligated to provide you with benefits, or they may be refusing to pay at all.

Whatever difficulty you may have encountered in seeking maintenance and cure benefits, a maritime lawyer can help you. We can help you to file a lawsuit in federal or state court to recover your unpaid benefits, in which case the court will assess the validity of the claim and determine the appropriate amount of benefits owed. If the shipowner is found to be willful and wanton in their refusal to pay maintenance and cure, the court may also award you punitive damages and attorney’s fees.

Maintenance and cure is a doctrine that has grown out of the particular circumstances of working aboard ship and the relationship between seaman and shipowner. If you’re a seaman it is something you have a right to if you have become ill or injured, regardless of the circumstances. To find out more or schedule an initial consultation, contact us at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, TX.