When you are injured while working at sea, you are generally entitled to maritime benefits called “maintenance and cure.” These terms refer to a specific type of benefit available to workers injured at sea, similar to a workers’ compensation claim for those who work on land.
“Maintenance” refers to an employer’s obligation to provide an injured seaman with their basic costs of living while treating for and recovering from an injury. These costs of living typically include rent or mortgage payments, utilities, and food costs. The amount of maintenance payments may be based on an injured seaman’s actually incurred costs of living (what the seaman actually pays for rent, utilities, and food) or reasonable costs for the area where the seaman lives.
“Cure” refers to an employer’s obligation to help a seaman arrange medical care for an injury and to pay for that medical care. Medical care may include doctor appointments, medical imaging like X-rays and MRIs, lab testing, surgeries, physical therapy, medication, and other reasonable and necessary medical costs.
A seaman is entitled to continue receiving maintenance and cure until they reach “maximum medical improvement” or “maximum cure.” Maximum medical improvement and maximum cure man that the seaman’s medical conditions and injuries cannot be further improved by additional medical treatment. This may mean that the seaman has entirely recovered from his or her injuries or that the seaman’s medical care providers cannot do anything else to improve the condition.
Compensatory and punitive damages
If an employer fails to provide maintenance and cure, an injured seaman may be entitled to “compensatory” and “punitive” damages.
In this context, compensatory damages refer to the seaman’s right to compensation for the pain, suffering, anxiety, and stress caused by the delay in treatment and prolonging of the seaman’s injuries and medical conditions.
Punitive damages refer to money damages payable to the seaman to penalize the employer for its wrongful failure to provide maintenance and cure.
You must know the reason for the non-payment
Before determining if you qualify for any damages, you must examine the circumstances surrounding the failure to pay the benefits.
In most circumstances, an employer will not be liable for compensatory and punitive damages for the failure to pay maintenance and cure unless the failure to provide benefits is intentional, wrongful, arbitrary, or with justification. For example, if the employer knows that an individual was injured while working on a vessel and decides not to provide maintenance and cure in order to save money or to discourage the seaman from pursuing medical treatment, the employer may be exposed to compensatory damages.
Whether an employer is liable for compensatory or punitive damages is typically a question that must be decided by a judge or jury.
Maintenance and cure are specific to maritime law
A seaman’s right to receive maintenance and cure from his employer is specific to maritime law. Determining whether you are entitled to maintenance and cure requires analyzing the facts of your employment and the facts of your injury. If you are injured at sea, contact the maritime attorneys at Trueb Berne & Beard LLP to protect your rights and interests, including your entitlement to maintenance and cure.