Reviewed by Laurence P. Banville, Esq.What maintenance and cure actually covers
Maintenance and cure is one of the oldest protections in maritime law, owed to “seamen” who are injured or become ill while in the service of a vessel. It has two parts:
- Maintenance is a daily stipend meant to cover your reasonable living costs on land while you recover, such as rent or mortgage, utilities, and food, the things the ship would have provided had you stayed aboard.
- Cure is the cost of your medical treatment, including doctor visits, hospital care, medication, and therapy, until you reach what the law calls maximum medical improvement.
You do not have to prove your employer did anything wrong. The duty is essentially no-fault, which makes it different from a negligence claim.
Who qualifies as a seaman
Maintenance and cure is reserved for seamen, meaning workers with a substantial connection to a vessel (or fleet) in navigation, contributing to its function or mission. Captains, deckhands, engineers, and many crew members on tugs, ferries, barges, and commercial boats can qualify. Most land-based dock and harbor workers are not seamen; their protections usually run through the Longshore and Harbor Workers’ Compensation Act instead.
How it differs from a Jones Act claim
Maintenance and cure and the Jones Act often arise from the same injury, but they are separate rights. Maintenance and cure is automatic and no-fault, covering living costs and medical care. A Jones Act claim is a negligence claim against your employer, and it can recover broader damages such as lost wages, pain and suffering, and diminished earning capacity, but only if you prove employer negligence or an unseaworthy vessel. Injured seamen frequently pursue both at once.
When the duty ends and what happens if it is denied
Cure continues until you reach maximum medical improvement, the point where further treatment will not improve your condition. Maintenance generally continues over that same recovery period. If an employer unreasonably refuses or delays payments, a court can order the back-owed amounts and, in some cases, additional damages for the wrongful denial. The exact value of any claim depends on your wages, the severity of the injury, your recovery timeline, and the facts of how you were hurt, so outcomes vary and prior results do not guarantee future ones.
Next steps if you were injured on the water in New York
Maritime time limits and the line between seaman status and longshore coverage can be technical, and the wrong classification can cost you significant benefits. If you were hurt working on or around a vessel in New York, it is worth having someone confirm which protections apply to you. You can also read our related guides on an offshore injury lawsuit, a Longshore and Harbor Workers’ Act claim, and dock worker injury claims in New York to understand how these maritime remedies fit together.
Frequently asked questions
Is maintenance and cure based on fault?
No. It is a no-fault right. As long as you were a seaman injured or taken ill in the service of the vessel, your employer owes maintenance and cure regardless of who caused the injury. Fault only becomes relevant if you also bring a separate Jones Act negligence claim.
How much is maintenance per day?
Maintenance is meant to cover your reasonable land-based living expenses, such as rent or mortgage, utilities, and food, while you recover. The amount depends on your actual costs and any applicable union contract, so there is no fixed national figure. We never promise a specific dollar amount because it varies by case.
When does maintenance and cure stop?
Cure ends when you reach maximum medical improvement, the point at which further treatment will not better your condition. Maintenance generally runs over that same recovery period. If your employer cuts off payments before you reach that point, that can be challenged.
Can I get maintenance and cure and also sue under the Jones Act?
Yes. They are separate remedies and are commonly pursued together. Maintenance and cure is automatic and no-fault, while a Jones Act claim seeks broader damages like lost wages and pain and suffering, but requires proving employer negligence or an unseaworthy vessel.
What if my employer refuses to pay?
If an employer unreasonably denies or delays maintenance and cure, a court can order the unpaid amounts and, in cases of bad-faith refusal, additional damages. Document your medical care and communications, and have a maritime attorney review the denial.