What is maintenance and cure?

Merchant seamen and commercial fisherman are not protected by workers compensation laws. They are, however, entitled to receive "maintenance and cure" if they are injured or become ill during their service as a member of the crew of a vessel. Historically, maintenance was deemed to be a daily payment equal to the cost of providing meals and berthing to the seaman on the vessel. Courts now often calculate maintenance to include the seaman's mortgage or rent expense, groceries, utilities, and related expenses. Cure is the cost associated with medical treatment for the injury or illness. Maintenance and cure are due to the seaman even if there is no fault on the part of the vessel owner. With limited exceptions, the only question is whether the illness or injury first became known while the seaman was serving on the vessel. Maintenance and cure are owed until the seaman reaches maximum medical improvement, and as of 2009, an employer who arbitrariy fails to provide maintenance and cure when it is owed may face liability for punitive damages.