Maintenance and cure is an ancient concept dating back to codes written as early as the 12th century. “Maintenance” is the right of a seaman to food and lodging if he falls ill or becomes injured while in the service of the ship. “Cure” refers to the shipowner’s responsibility to care for ill or injured seamen, usually in the form of compensation for medical care. The obligation to pay maintenance and cure continues until the seaman is cured or, if there is a permanent impairment, until he reaches the point of maximum medical recovery.
The right to maintenance and cure is a longstanding tradition of maritime law and is meant to be paid to injured seamen without substantial resistance where the seaman was in fact injured on the vessel. Failing to pay maintenance and cure in this fashion can result in additional cost such as claims for aggravation of the injury or even punitive damages.
The area of maintenance and cure is important to seaman trying to get the medical care and financial support they need. Conversely, maintenance and cure can be a minefield for employers if navigated improperly, resulting in serious costs and additional claims. It is important to consult with an experienced maritime attorney, such as those at Goldstein and Price, Attorneys at Law, to ensure that you are complying with the law while also protecting your interests.