Maintenance and Cure

A seaman who is injured or becomes sick while in the service of a vessel has a right to recover, regardless of whether the seaman or the ship's owner was negligent in the accident that caused the injury. In other words, even if the ship owner did not do anything wrong, the seaman can still recover maintenance and cure. Maintenance and cure must be paid even if the incident did not take place on board the vessel, so long as the seaman was still in the service of the ship. This is also the case if the injury or sickness is not the result of their employment. For instance, a seaman would still be entitled to maintenance and cure even if he slipped walking from the ship to a local fast food resturaunt while the ship was docked.

A seaman is entitled to maintenance and cure until such time as the seaman is cured, or until everything has been done that can medically be done in the way of working toward a cure. This can include doctors, hospitalization, nursing, medicine, as well as board and lodging that is considered to be similar to what the seaman would have recieved if still onboard the ship. The injured seaman is also entitled to the wages he would have earned throughout the duration of the contract.

Maintenance

Maintenance is a maritime term for room and board. Maintenance constitutes the daily payment that would be necessary to pay a seaman for room and board which would otherwise be furnished aboard the vessel. Maintenance begins on the date on which a seaman departs the vessel, not the date of the injury or illness.

Attorneys often dispute the amount of maintenance which has been traditionally paid. The local maintenance rate is typically set at $20 to $30 per day. The courts generally refuse to award higher rates, although there is are legitimate arguments for a higher maintenance standard.

Maintenance continues until a seaman reaches maximum medical cure, regardless of whether or not the seaman remains disabled and unable to return to work as a seaman.

Cure

Cure can be defined as medical expenses paid by a shipowner to a seaman disabled by illness or injury. These payments are made until the seaman reaches maximum medical cure, or until the individual's condition has stabilized. Basically, cure is a seaman's right to medical treatment. While the injured seaman has a duty to mitigate his or her medical expenses, the seaman's employer has the burden of proving that any medical costs of treatment by a seaman has been excessive or unnecessary.