For many reasons, the employee-employer relationship between those who work aboard commercial vessels and the owner of that vessel is unique. Among the rules that govern this relationship is the doctrine of maintenance and cure. Maintenance and cure is an ancient doctrine that has applied to seamen—employees who work aboard commercial vessels on navigable waters—for hundreds of years. Originating in Europe and spreading to United States law in the nineteenth century, maintenance and cure protects an injured seaman’s access to housing and healthcare, recognizing that seamen have historically been a population vulnerable to serious injuries while far from home. The rights afforded to injured maritime workers often extend beyond traditional workplace benefits, and a St. Louis, MO maintenance and cure lawyer can help seamen pursue the support and medical care available under maritime law.
What Is Maintenance and Cure?
Today, the doctrine of maintenance and cure applies to all seamen, including those who work a single shift aboard a commercial vessel and return home at the end of the day. Regardless of whether a seaman lives aboard a vessel during a multiday shift or commutes home daily, both are entitled to maintenance and cure if injured in the course of their work.
Maintenance refers to a regular payment made directly to the seaman to cover daily living expenses such as rent or mortgage, utilities, and food. Cure covers the seaman’s reasonable and necessary medical expenses during recovery. Typically, an employer pays these expenses directly to the treating facility, so the seaman incurs no out-of-pocket cost.
When Is a Seaman Entitled to Maintenance and Cure?
An employer must provide maintenance and cure when the employee (1) was working as a seaman; (2) became ill or was injured while in the vessel’s service; and (3) lost wages or incurred expenses stemming from the illness or injury. Critically, an employer must pay maintenance and cure whenever a seaman is injured or falls ill, regardless of whether the employer was at fault. The illness or injury does not need to be directly caused by the seaman’s work. For example, an employer may be required to pay maintenance and cure for a medical condition that arises while the seaman is aboard the vessel, such as a heart condition, even if the work itself did not cause it.
How Long Does the Obligation Last?
The obligation to pay maintenance and cure lasts until the seaman has fully recovered or has reached maximum medical improvement. Maximum medical improvement means the seaman has recovered as much as they ever will, even if they have not fully healed. Until one of these two points is reached, an employer must continue paying maintenance and cure to a seaman injured or taken ill while serving aboard their vessel.
If you are a seaman who has been injured or fallen ill in the course of your work, the attorneys at Goldstein and Price, L.C. have the experience to help you pursue the maintenance and cure you are owed. Contact us today to speak with an experienced maritime attorney.