Maintenance and Cure: Your Right to Daily Support and Medical Care
Maintenance and cure is older than the United States itself—ancient maritime law that gives injured seamen the right to living expenses and medical care. Employers often offer lowball amounts. We fight for full benefits.
How Employers Violate Maintenance and Cure
Common Violations &How We Fight Back
Maritime employers routinely violate maintenance and cure obligations. These violations can result in additional damages beyond just paying the benefits owed.
Inadequate Maintenance Rate
Paying arbitrary amounts instead of actual living expenses
Example:
"Offering $15/day when actual expenses are $50/day"
Our Remedy:
Force payment of actual reasonable living expenses
Penalty:
Punitive damages for willful refusal
Cutting Off Cure Prematurely
Ending medical treatment before maximum improvement
Example:
"Stopping physical therapy when doctor recommends continuation"
Our Remedy:
Reinstate treatment + cover gap period
Penalty:
Attorney fees + additional damages
Forcing Inadequate Medical Care
Requiring treatment from company doctors only
Example:
"Prohibiting second opinions or specialist consultations"
Our Remedy:
Right to choose your own treating physicians
Penalty:
Cover all costs of proper medical care
Delaying Payments
Making seamen wait for entitled benefits
Example:
"Taking weeks to process clear maintenance claims"
Our Remedy:
Immediate payment + interest on delayed amounts
Penalty:
Bad faith damages if unreasonable delays
Calculating Your Proper Maintenance Rate
What You're ActuallyEntitled To
Maintenance should cover your actual reasonable living expenses—not some arbitrary amount the company decides. Here's what counts:
Reasonable Living Expenses
Housing/Rent
Actual reasonable housing costs
Food
Reasonable meal expenses
Utilities
Electric, gas, water, phone
Transportation
Car payment, insurance, gas
Other Necessities
Clothing, personal items
Total reasonable maintenance range
What Companies Typically Offer
A fraction of what you're entitled to
Your Cure Rights
Medical Care RightsEmployers Don't Want You to Know
Choose Your Own Doctor
You are not required to see only company doctors
Why this matters: Company doctors may minimize injuries to limit liability
All Necessary Treatment
All reasonable medical care until maximum improvement
Why this matters: Includes surgery, physical therapy, mental health care
Second Opinions
Right to consult specialists and get multiple medical opinions
Why this matters: Company doctors may miss serious conditions
Treatment Until MMI
Medical care continues until no further improvement expected
Why this matters: Employer cannot arbitrarily cut off treatment
Remember: Maintenance and Cure is NOT Workers' Compensation
Workers' Compensation
- • Company chooses all doctors
- • Limited medical treatment
- • Fixed weekly payments
- • Can be terminated arbitrarily
Maintenance and Cure
- • You choose your own doctors
- • All necessary medical treatment
- • Based on actual living expenses
- • Continues until maximum improvement
Not getting proper maintenance and cure?
Your employer has an ancient maritime duty to support you during recovery. If they're not meeting their obligations, we'll make them pay what they owe—plus damages for violations.