Define: Maintenance And Cure

Maintenance and cure is a legal doctrine that requires employers to provide injured seamen with necessary medical treatment and a daily living allowance while they recover from their injuries.

Any seaman who becomes injured or falls ill while working on a vessel is eligible for maintenance and cure, regardless of fault or negligence.

Maintenance and cure typically lasts until the seaman reaches maximum medical improvement, which is the point where further medical treatment will no longer improve their condition.

Maintenance covers the seaman’s daily living expenses, such as food and lodging, while cure covers all necessary medical treatment, including doctor visits, surgeries, medications, and rehabilitation.

Employers are generally obligated to provide maintenance and cure benefits, and denial can lead to legal consequences. However, there are certain circumstances where an employer may have valid reasons to deny benefits, such as if the injury was intentionally self-inflicted or caused by the seaman’s own misconduct.

Maintenance and cure can be terminated if the seaman refuses to comply with reasonable medical treatment or if they engage in fraudulent behavior. However, employers must provide a valid reason for termination and cannot terminate benefits arbitrarily.

Seamen have the right to choose their own doctor for treatment under maintenance and cure. However, the chosen doctor must be qualified and their fees must be reasonable.

Maintenance and cure can still be available if the injury occurred off the vessel but was related to the seaman’s employment, such as during shore leave or while performing duties on land.

Yes, seamen are still eligible for maintenance and cure benefits even if the injury was caused or aggravated by a pre-existing condition. The employer is responsible for providing necessary medical treatment and daily living expenses during the recovery period.

Seamen have the right to file a lawsuit against their employer for additional compensation if their injuries were caused by the employer’s negligence or an unseaworthy condition of the vessel. This is separate from maintenance and cure and may include damages for pain and suffering, lost wages, and future medical expenses.