Legal Definitions - maintenance and cure

Maintenance and cure is a fundamental right under United States maritime law that provides financial support and medical care to a seaman who becomes ill or injured while in the service of a vessel. This obligation falls upon the seaman's employer, regardless of who was at fault for the injury or illness.

The term encompasses two distinct components:

• Maintenance refers to the daily living expenses of the injured or sick seaman, such as food, lodging, and basic necessities, while they are recovering ashore and unable to work.
• Cure refers to the reasonable medical expenses incurred for the seaman's treatment, including doctor visits, hospital stays, medication, and rehabilitation.

The employer's duty to provide maintenance and cure continues until the seaman has fully recovered and is able to return to work, or until their medical condition has stabilized to the extent that no further medical treatment is expected to improve it (a point often referred to as maximum medical improvement).

Examples:

• Example 1: Onboard Injury During Routine Operations

  A deckhand aboard a commercial fishing trawler slips on a wet deck while hauling in nets and suffers a severe ankle sprain. The vessel is days away from port. Upon reaching port, the deckhand is diagnosed with a fracture requiring surgery and extensive physical therapy.

  How it illustrates the term: The fishing company, as the employer, would be obligated to pay for all of the deckhand's medical treatments, including the surgery, hospital stay, medications, and physical therapy sessions (the "cure"). Additionally, while the deckhand is recovering ashore and unable to work, the company must provide funds for their daily living expenses, such as rent, food, and utilities (the "maintenance"), until the ankle is fully healed or reaches maximum medical improvement.

• Example 2: Illness Developed During a Long Voyage

  A chef on a transatlantic cargo ship develops a severe case of appendicitis while the vessel is midway across the ocean. The ship diverts to the nearest port for emergency medical attention.

  How it illustrates the term: The shipping company is responsible for all medical costs associated with the emergency surgery, post-operative care, and any necessary follow-up appointments (the "cure"). If the chef is deemed unfit to return to the vessel immediately and must recover in a hotel or temporary housing near the port, the company must also cover these lodging costs, along with food and other essential living expenses (the "maintenance"), until the chef is medically cleared to resume their duties or reaches maximum medical improvement.

• Example 3: Injury While Performing Vessel-Related Duties Ashore

  A tugboat captain, while on shore leave in a foreign port, is sent by the vessel owner to pick up a critical replacement part for the tug's engine. On the way back to the vessel, the captain is involved in a traffic accident and sustains a concussion.

  How it illustrates the term: Even though the injury occurred on land, because the captain was performing a duty directly related to the vessel's operation and in the service of the employer, the tugboat company is obligated to provide maintenance and cure. This includes covering all medical expenses for the concussion treatment and recovery (the "cure"), as well as the captain's living expenses while recovering ashore and unable to work (the "maintenance"), until they are fit for duty or reach maximum medical improvement.