The concept of maintenance and cure in the maritime industry means that you have certain rights if you are injured on a ship you are working on, whether negligence is involved or not.
You must qualify as a seaman to receive maintenance and cure. This means you must spend at least 30% of your time working on a ship, perform work that contributes to the running of the ship and perform work that takes place on navigable waters.
Working on a ship is a dangerous job. This is what led to the development of the right to maintenance and cure.
Maintenance
Maintenance is the cost of maintaining yourself and paying the bills necessary for daily life when you cannot work. Maintenance covers costs such as:
- Rent
- Food
- Utilities
Maintenance also covers insurance, taxes or any other necessities related to your daily life that you cannot cover due to your inability to work.
You have a right to maintenance after an injury onboard a ship because a ship owner is generally responsible for providing you with housing and food when you are onboard a ship.
Your right to maintenance extends only to household necessities. There are some costs that maintenance does not cover, such as “extras.”
For example, costs for entertainment, such as a cable bill, are not covered by maintenance. Therefore, maintenance also typically does not cover costs associated with a vehicle, such as gas.
Cure
Cure covers the medical costs associated with your injury or illness you suffered onboard the ship. You have the right to payment for the medical care you need due to that injury or illness. This includes:
- Medical bills
- Medications
- Physical therapy or other treatments
Cure also includes the cost of transportation to get you to and from your medical appointments.
Maintenance and cure for an illness
Maintenance and cure generally apply to injuries suffered while on a ship but depending on the circumstances, you could receive maintenance and cure for an illness. If you get sick because of your job or while on the ship you could have a right to maintenance and cure.
Your illness does not need to be caused by the ship’s environment or your duties while on the ship. If you get sick while you are on the ship and you become too sick to work, you still have a right to maintenance and cure.
Maximum medical improvement
Maintenance and cure benefits last until you reach maximum medical improvement. This is when you are treated to the point that your condition is no longer expected to improve.
Maximum medical improvement does not always mean fully healed. It is when your doctor declares you have reached it. Your maintenance and cure benefits expire at that point.
Unfortunately, this means your maintenance and cure benefits could expire when you are still unable to work. For example, your injury or illness may have left you with a chronic condition that makes it impossible to perform your former duties on the ship.
In this case, you might have other options to explore, such as a claim under the Jones Act, if you believe your employer’s negligence caused your injury or illness.