Maritime law has a unique principle called “maintenance and cure” designed to protect seamen who get injured or fall ill while working on a vessel. Part of the Jones Act, this principle ensures that injured or sick seamen receive the necessary support and medical care until they fully recover or have reached maximum medical improvement.
Maintenance: Basic living expenses
Maintenance refers to the financial support provided to injured or ill seaman to cover their basic living expenses while recovering. This includes costs for food, lodging, and other necessities. The idea is to ensure that the seaman can maintain a standard of living similar to what they had on the vessel. For instance, if a seaman lived on the boat and had meals provided, maintenance would cover similar costs on land. It’s not meant to be a luxurious allowance but enough to keep the seaman comfortable and focused on healing.
Cure: Medical expenses
Cure refers to the employer’s obligation to pay for medical treatment required for the seaman to recover from their injury or illness. Coverage includes doctor visits, hospital stays, medication, therapy and any other necessary medical expenses. The employer must continue to pay these expenses until the seaman has reached maximum medical improvement, which is the point at which further medical treatment is no longer needed to improve the seaman’s condition.
The legal obligations involved
The principle of maintenance and cure is a no-fault obligation, meaning that it applies regardless of who was at fault for the injury or illness. This means even if the seaman was partly responsible for their injury, they are still entitled to maintenance and cure. This principle is deeply rooted in maritime law and reflects the special relationship between seamen and their employers.
The seamen’s rights
Crew members can seek legal action if their employer fails to provide maintenance and cure. They can file a lawsuit to recover the costs of their living expenses and medical care. Additionally, if an employer willfully and arbitrarily refuses to provide maintenance and cure, the seaman may be entitled to additional compensation, such as punitive damages.
Protects injured or ill crew members
The principle of maintenance and cure is an essential part of maritime law that protects seamen by ensuring they receive the necessary support and medical care when injured or ill. By understanding this principle, seamen can be more aware of their rights and the employer’s obligations.