maintenance and cure

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Seafarers (also referred to as seamen or sailors) who are injured while at sea are entitled to maintenance and cure from their employers or shipowners. 

  • Maintenance is an injured seafarer's right to day-to-day living expenses. 
  • Cure is the seafarer's right to medical costs. 

Employers are only obligated to pay maintenance and cure until the seafarer is fit for duty, or until they have reached a point where additional medical treatment will not help them. 

An employer's obligation to pay maintenance and cure arises from maritime common lawSee: Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938) and Whitman v. Miles, 294 F. Supp. 2d 117 (D. Me. 2003).

Employers and unions cannot contract out of a seafarer’s right to maintenance and cure. The Merchant Marine Act of 1920 (The Jones Act) provides seafarers with additional protections. See also: workers’ compensation.

[Last updated in July of 2023 by the Wex Definitions Team]