What is maintenance and cure, and what if my employer stops paying?
- Texas Attorney
- Yale B.A. · University of Houston Law Center J.D.
- Habla español
- Updated October 6, 2026
Maintenance is a daily allowance for food and lodging, and cure is medical care, owed to an injured or sick seaman regardless of fault until maximum medical improvement. If an employer unreasonably refuses or stops paying, the seaman can sue for it, and a willful refusal can lead to punitive damages and attorney's fees.
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The oldest protection in maritime law
Maintenance and cure is a duty that maritime law has placed on ship owners and employers for centuries: when a seaman is injured or falls ill while in the service of the vessel, the employer must take care of him while he recovers. It doesn't depend on fault. A seaman who slipped on his own, or got sick on board, is still owed maintenance and cure.
What it covers
- Maintenance: a daily amount to cover food and lodging comparable to what the seaman had aboard the vessel. The daily rate is often set too low in union contracts or company policies, and it can be challenged when it doesn't reflect real living costs.
- Cure: reasonable medical care, including doctors, hospital care, surgery, therapy and prescriptions, related to the injury or illness.
- Unearned wages: wages the seaman would have earned through the end of the voyage or hitch.
How long it lasts
Maintenance and cure continue until the seaman reaches maximum medical improvement, the point where further treatment won't improve the condition. Companies sometimes try to cut it off early, for example after a doctor they chose says the seaman can return to light duty, or when treatment becomes expensive. When doctors disagree, the question is generally resolved in the seaman's favor.
When the company refuses or stops paying
A seaman can sue for unpaid maintenance and cure. In Atlantic Sounding Co. v. Townsend (2009), the U.S. Supreme Court held that an employer's willful failure to pay maintenance and cure can support punitive damages, and courts can also award attorney's fees. That gives companies a strong reason to pay what they owe.
Maintenance and cure is not the whole claim
Maintenance and cure pays for food, lodging and medical care. It doesn't pay for pain, for lost earning capacity or for the full wages you lose over a career. Those come from a Jones Act negligence claim or an unseaworthiness claim. Accepting maintenance and cure doesn't waive those claims, but signing a release can. More on Jones Act claims.
What to keep
- Every medical record and bill, and the names of every doctor.
- Your rent or mortgage and utility bills, which show what lodging really costs.
- Every check or payment from the company, and any letter stopping payments.
- Any company form asking you to see a particular doctor or sign a release.
How these cases unfold
After an injury at sea or on the water, the company usually starts its investigation immediately, often with an accident report, crew statements and a visit from its adjuster. The U.S. Coast Guard may investigate serious marine casualties. In the first weeks, our job is to make sure maintenance and cure is being paid, demand that logs, video and equipment be preserved, and get you to doctors you trust. Then come the experts, such as marine safety experts, doctors and economists, followed by negotiations or a lawsuit. Many maritime cases resolve in one to three years.
What to do now
If your maintenance and cure is late, too low or has been cut off, don't wait. Maritime injury claims generally must be filed within three years, but unpaid maintenance and cure hurts right away. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. Maritime cases have their own rules, and when a case calls for it, he brings in experienced maritime co-counsel and the right experts.
More answers about offshore and maritime injuries
Other ways people ask this
How much is maintenance per day?
There is no single amount. It should reflect reasonable costs for food and lodging comparable to what you had aboard. Rates set in contracts or company policies are often low and can sometimes be challenged.
Do I get maintenance and cure if the accident was my fault?
Yes. Maintenance and cure is owed regardless of fault.
Can my employer make me see its doctor?
Companies often send injured seamen to their own doctors. Seamen generally may choose their own treating physician, and disputes about treatment are resolved in the seaman's favor when doctors disagree.
My employer stopped paying after its doctor released me. What can I do?
If your own doctor says you haven't reached maximum medical improvement, maintenance and cure may still be owed. A seaman can sue for it, and a willful refusal can lead to punitive damages and attorney's fees.
Does accepting maintenance and cure stop me from suing?
No. Maintenance and cure is separate from Jones Act and unseaworthiness claims. A signed release or settlement, though, can end those claims, so read before you sign.
Does maintenance and cure cover my family's expenses?
No. Maintenance covers the seaman's own reasonable food and lodging. Lost wages and support for the family come from Jones Act and unseaworthiness claims.
Can I get maintenance and cure for an illness, not an injury?
Yes. It's owed for injuries and illnesses that appear or worsen while the seaman is in the service of the vessel, even if they aren't caused by the work.
Authority: Atlantic Sounding v. Townsend (2009) · 46 U.S.C. § 30104 (Jones Act) · 46 U.S.C. § 30106 (3-year deadline)
Your next steps, and ours
Keep every bill and record
Medical bills, rent and utility bills, and every payment from the company.
Get it in writing
Keep the letter or message, and the name of the doctor who released you.
Call Jimmy
713-600-6233Free and confidential. You can talk with Jimmy directly, in English or Spanish.
We demand what you're owed
Fair maintenance, full cure, and your Jones Act and unseaworthiness claims.
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