Maintenance and Cure

A seaman who is injured or becomes sick while in the service of a vessel has a right to recover, regardless of whether the seaman or the ship’s owner was negligent in the accident that caused the injury.

A seaman is entitled to maintenance and cure until such time as the seaman is cured, or until everything has been done that can medically be done in the way of working toward a cure. This can include doctors, hospitalization, nursing, medicine, as well as board and lodging that is considered to be similar to what the seaman would have recieved if still onboard the ship. The injured seaman is also entitled to the wages he would have earned throughout the duration of the contract.

Maintenance constitutes the daily payment that would be necessary to pay a seaman for room and board which would otherwise be furnished aboard the vessel. Maintenance begins on the date on which a seaman departs the vessel, not the date of the injury or illness.

Maintenance continues until a seaman reaches maximum medical cure, regardless of whether or not the seaman remains disabled and unable to return to work as a seaman.

Cure can be defined as medical expenses paid by a shipowner to a seaman disabled by illness or injury. These payments are made until the seaman reaches maximum medical cure, or until the individual’s condition has stabilized. Basically, cure is a seaman’s right to medical treatment.

Lumpkin, Reeves & Mestayer P.L.L.C

228-374-5151