What is Maintenance and Cure?
Maintenance and cure is an ancient maritime law doctrine that requires a vessel owner or maritime employer to provide payment for daily living expenses (maintenance) and comprehensive medical treatment (cure) to a seaman who becomes ill or injured while in the service of a vessel, regardless of who was at fault for the injury.
For decades, deckhands, commercial fishermen, barge workers, and tug crew members across the West Coast have climbed aboard vessels knowing the work is rugged and dangerous. Yet, when a catastrophic injury occurs on a trawler or a worker slips on a slick deck in the Gulf of Alaska, many are met with a harsh surprise. Shipping corporations and vessel operators often hand injured crew members standard state workers’ compensation forms, treating them like land-based factory employees.
This is not a mere administrative oversight; it is a direct violation of federal maritime law. If you are a true seaman, your claims do not fall under standard state workers’ compensation statutes. You are entitled to ancient, powerful federal protections that offer far greater financial and medical security. Understanding the difference between the benefits offered by traditional workers’ compensation and the benefits you are owed under the maritime doctrine of maintenance and cure is a critical first step toward protecting your livelihood after a workplace injury.
Why Traditional Workers’ Compensation Laws Do Not Apply to Seamen
Traditional workers’ compensation systems were designed with land-based jobs in mind. These programs are heavily regulated by individual state statutes, and operate on a strict “no-fault” compromise: without any determination of fault being needed, the injured employee receives limited, but guaranteed, benefits for medical bills and a fraction of their lost wages, and in exchange, they completely surrender their right to sue their employer for negligence (and also cannot recover anything for pain and suffering).
The federal government recognized long ago that the perils of the sea demand greater legal protection. Under federal maritime law, true seamen are entirely excluded from state workers’ compensation programs.
The law understands that you cannot simply walk away from a dangerous vessel while at sea. Because of this, maritime law provides a “dual track” for recovery. First, it guarantees absolute, automatic rights to injured seamen through the doctrine of maintenance and cure. Second, unlike in the case of land-based employees, it preserves your right to file a powerful lawsuit against your employer for negligence or vessel unseaworthiness to recover full compensation for pain, suffering, and lost earning capacity.
The Two Core Pillars of Maintenance and Cure Defined
Unlike workers’ comp, which requires navigating complex state boards and enduring seemingly endless delays, maintenance and cure is a strict, immediate obligation placed on the shipowner. It does not matter if your injury was a pure accident, or even if your own temporary carelessness contributed to it. If it happened while you were in the service of the ship, the owner must pay.
Understanding Your Right to Receive Daily Maintenance
“Maintenance” is a daily living allowance meant to cover the basic costs of food and shelter. Historically, maritime employers paid a flat daily rate of $8.00. This number has not been realistic for generations.
Today, experienced maritime attorneys aggressively fight to ensure your daily maintenance rate reflects the modern cost of living on land in your specific market, whether that is Seattle, Bellingham, Portland, Los Angeles, San Francisco, or anywhere else. This allowance is meant to cover your actual expenses, including:
- Rent or mortgage payments
- Homeowners insurance and property taxes
- Utilities (gas, electricity, water)
- Groceries and essential food items
Securing Complete and Uncompromised Cure
“Cure” refers to the legal obligation of the vessel owner to pay for all necessary medical care related to your injury or illness sustained while in service of the vessel. In standard workers’ compensation cases, injured workers are often forced by their employers’ insurance companies to see “company doctors” who are incentivized to minimize their injuries and rush them back to work.
Under maritime law, your right to cure gives you the right to choose your own independent doctors, specialists, and rehabilitation therapists. The shipowner must pay for 100% of your medical expenses, including surgeries, emergency transport, medications, physical therapy, and diagnostic imaging, with zero deductibles or co-pays out of your pocket.
“Under general maritime law, a seaman who becomes ill or injured while in the service of a vessel is entitled to maintenance and cure from the vessel owner. Maintenance is a daily allowance for food and lodging, equivalent to what the seaman would have received on board. Cure is the payment of necessary medical care.”
Key Differences: Maintenance and Cure vs. Workers’ Comp
| Feature / Right | Maritime Maintenance & Cure | Standard Land-Based WorkerS’ Comp |
|---|---|---|
| Applicable Law | General Maritime Law (Federal) | Individual State Statutes |
| Fault Requirement | Absolute No-Fault: Automatic entitlement unless the injury was caused by willful misconduct. | No-Fault System. |
| Choice of Doctor | Full Autonomy: The injured seaman retains the legal right to choose their own independent physician. | Frequently limited or restricted to employer-approved medical networks or “company doctors.” |
| Daily Living Allowance | Maintenance: Must cover the actual, localized market costs of rent/mortgage, utilities, and groceries on land. | Wage replacement caps calculated strictly as a fixed percentage of your average weekly land wages. |
| Right to Sue Employer | Fully Preserved: You can file a Jones Act negligence or unseaworthiness lawsuit to recover for pain and suffering. | Stripped Completely: Statutory immunity is granted to the employer in exchange for guaranteed standard benefits. |
When Does the Obligation to Pay Maintenance and Cure End?
When Does the Obligation to Pay Maintenance and Cure End?
A vessel owner cannot simply cut off your living expenses and medical payments because they feel too much time has passed. By law, the employer’s obligation to provide maintenance and cure continues until you reach a point known as Maximum Medical Improvement (MMI).
MMI is reached only when your injury or illness has healed completely, or when further medical treatment will no longer improve your condition. If you require permanent, ongoing care simply to manage pain rather than improve your physical state, the employer’s obligation for cure may conclude, but your right to pursue permanent disability and future medical costs through a broader Jones Act negligence claim remains fully intact.
Crucially, the question of whether you have reached MMI is a medical determination, not a corporate one. MMI must be declared by a qualified medical professional—ideally your own independent doctor.
What to Do If Your Employer Challenges Your Maritime Rights
Corporate shipping lines, commercial fishing conglomerates, and their insurance adjusters are well aware that maintenance and cure obligations are expensive. To protect their profit margins, they frequently employ tactics designed to delay, minimize, or outright deny your benefits. They may falsely claim you were not a true “seaman,” argue that your injury was a pre-existing condition, or stop payments prematurely.
If a shipowner willfully and arbitrarily refuses to pay maintenance and cure, federal maritime law allows for severe penalties. You have the right to file a lawsuit seeking not only your back-due benefits but also compensatory damages for any worsening of your medical condition caused by the delay, your attorney fees, and substantial punitive damages.
Frequently Asked Questions About Maintenance and Cure
How much is daily maintenance?
The law requires that maintenance rates reflect the actual, realistic cost of providing food and shelter on land. An experienced maritime attorney will compile your actual household bills—including rent or mortgage, utilities, and groceries—to calculate a customized daily maintenance rate tailored to your specific local market (such as Seattle, Portland, or Los Angeles).
What happens if my employer refuses to pay maintenance and cure?
If your employer wrongfully minimizes, delays, or outright denies your benefits, they are in direct violation of federal maritime law. By partnering with a maritime law firm, you can file a formal claim to force compliance. If the denial is found to be willful and arbitrary, the court can penalize your employer by ordering them to pay your back-dated benefits, your attorney fees, extra compensatory damages for any unnecessary physical suffering, and punitive damages.
Can I receive maintenance and cure if the accident was my fault?
Yes. Maintenance and cure is an absolute right that does not depend on determinations of fault. Unless your injury was caused by intentional, gross misconduct (such as intoxication or starting a physical fight), you are fully entitled to receive living allowances and medical coverage. Even if your own negligence contributed to the accident, the shipowner is legally mandated to pay your benefits until you reach Maximum Medical Improvement (MMI).
Contact BoatLaw, LLP: Your Powerful Maritime Advocates
If you have been hurt while working on the water, do not let a corporate representative force you into a land-based workers’ compensation system that minimizes your injuries. At BoatLaw, LLP, our legal team shares a lifelong love of the sea and possesses nearly 50 years of unbroken experience holding massive maritime companies accountable. We understand the unique laws that govern the maritime way of life and stand as a powerful advocate for blue-collar mariners throughout Washington, Oregon, Alaska, and California.
Call 1-800-BOATLAW today for a free review of your case. If our attorneys determine that BoatLaw may be able to assist you, a member of our legal team will reach out shortly to schedule a free, no-obligation consultation with an experienced maritime attorney.
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.
Nicholas J. Neidzwski is a trial attorney who handles maritime and personal injury litigation. Appearing for plaintiffs in state and federal courts throughout Washington, California, Oregon, Alaska, and other jurisdictions. Nick’s litigation experience includes the successful resolution of various Jones Act, general maritime, and product liability cases on behalf of many different individuals. Nick was named a Rising Star by Super Lawyers every year from 2016 through 2025, and was named a Super Lawyer in 2026. Learn more here.
