Alaska’s maritime industry has rigorous demands and harsh working conditions that places maritime workers at unique risks. That is where the principle of “maintenance and cure” becomes essential as a lifeline for injured seafarers and fishermen. But, what exactly is maintenance and cure, and why does it matter so much?
What is maintenance and cure?
Maintenance and cure are foundational rights in maritime law that ensure financial and medical support for injured mariners. Both allow them to recover without added financial strain.
“Maintenance” covers day-to-day living expenses, such as food and housing costs, while an injured worker is unable to return to duty. On the other hand, “cure” provides for necessary medical treatments related to the injury or illness until the seaman has reached what is called “maximum medical improvement,” or MMI, the point at which their condition is as recovered as it is expected to be.
The importance of maintenance and cure
For Alaska’s maritime workers, whether anglers, crew members or other seafaring professionals, maintenance and cure provide critical support. Our state’s fishing and maritime operations are demanding and often hazardous, with challenging weather, rough seas and other dangers. Given the unique risks these workers face, maintenance and cure give them the peace of mind that they can focus on recovery without worrying about basic living costs or healthcare expenses.
No-fault protection under maritime law
One key aspect of maintenance and cure is its “no-fault” nature, which means that injured maritime workers do not need to prove any negligence to access these benefits. Regardless of how an injury or illness occurred, sailors are entitled to this support as a safeguard of their well-being. This no-fault provision is particularly valuable in maritime work, where conditions can change rapidly, and accidents can happen unexpectedly.
Obligations for vessel owners
Vessel owners have a legal obligation to provide maintenance and cure for their injured crew members. If they neglect this responsibility, they may face serious legal consequences, including potential claims for punitive damages. This responsibility ensures that employers prioritize the health and recovery of their workers. This fosters a safer and more supportive working environment.
Conclusion
Maintenance and cure are more than a benefit. They are fundamental rights for Alaska’s maritime workers. By providing essential financial and medical support, they allow injured seafarers to recover without the stress of additional financial burdens and ultimately support the well-being and resilience of those who make their living on our waters.