The Basics Of Maintenance And Cure Law

This article discusses the basics of maintenance and cure law. In it you will learn who qualifies for maintenance and cure, what is maintenance and cure, and ways that you can try to increase your maintenance and cure benefits.

Maintenance and cure law falls under general maritime law. It is available only to individuals who qualify as seamen. In order to be a seaman you must work at least 30 percent of your time on a vessel or fleet of vessels under common control or ownership. Your maintenance and cure claim is against your employer and it allows you to collect medical expenses (cure) and living expenses (maintenance) if you suffer an injury or illness while working in the service of the vessel.

Maintenance is meant to provide an injured seaman with living expenses while he is recovering on land following an illness or injury while working on a vessel. It generally includes any reasonable living expenses of the seaman. Cure is any reasonable medical expense of the seaman. Maintenance and cure stops when the seaman reaches maximum cure.

You can try to get your maintenance and cure increased several ways. One of the most common ways to get your maintenance increased is to provide your employer with a written list of all of your monthly expenses. Legally your maintenance should amount to enough money for you to pay your monthly bills. It is very important that you set forth your monthly expenses in writing to your employer. Even if your employer does not increase your maintenance amount, at least you have put your company on notice that you need additional money to pay your living expenses. If you end up in court against your company, you can use this evidence against them in front of the judge or jury. Another way you can attempt to have your maintenance and cure increased is to apply for any type of disability insurance that you may have available through your company. It is very important that you apply for and try to collect disability if you have such a policy issued by your company. Simply because you are collecting maintenance does not mean that you cannot qualify for and collect disability payments also.

Maintenance and cure law can be very complicated. It is an entirely separate right that injured seamen have in addition to possible claims under the Jones Act. It is very important that injured seamen pursue their rights under both maintenance and cure law under maritime law as well as their rights under the Jones Act.