How Much Are Maintenance and Cure Benefits Under the Jones Act?

One of the first practical questions an injured seaman asks after being hurt on the job is how much their maintenance check is going to be. It is a reasonable question — your bills do not stop because your ability to work has. But the answer most injured seamen get from their employers is far lower than what maritime law actually entitles them to receive.

Maintenance benefits exist to cover your real, day-to-day living costs while you are ashore recovering from a maritime injury. The amount is not fixed by statute, and it is not determined by what your employer’s insurance carrier decides to offer. It is determined by your actual, documented expenses — and if your employer is paying you less than that, you have the right to fight for the correct amount.

This post explains how maintenance is calculated, what records you need to document your real costs, how courts evaluate competing claims about the appropriate rate, and what your options are if your employer refuses to pay fairly.

Maintenance and Cure under the Jones Act

The Jones Act specifies that an injured seaman is eligible to seek financial compensation for a variety of damages, including “maintenance” and “cure.” “Maintenance” provides for the injured seaman’s day-to-day living expenses while being off work due to an injury. “Cure” covers the costs of medical treatment, medications, and rehabilitation. In addition, the injured seaman may also seek to recover attorneys’ fees.

Qualifying for Maintenance Payments

In order to collect compensation for a maintenance and cure claim, you must provide proof that:

How Much Can I Collect for Maintenance?

Maintenance is designed to cover your actual, reasonable daily living costs on land — rent or mortgage, utilities, and food — for the period between your hospital discharge and your return to work.

What many injured seamen don’t realize is that there is no fixed daily rate set by law. Shipping companies and their insurers routinely offer $30 to $40 per day as a starting point, but that figure reflects what employers want to pay, not what the law entitles you to receive. If your real living expenses are higher — and in most Gulf Coast communities they are — you have the right to fight for a rate that reflects your actual costs.

Courts determine maintenance amounts by looking at the reasonable costs of food and lodging in the community where you live. That means documented proof of your real expenses — rent receipts, utility bills, grocery costs — can directly increase the amount you receive. The more evidence you can provide, the stronger your position.

This is one of the areas where having an experienced maritime attorney makes a measurable financial difference. Insurance companies count on injured seamen accepting the lowball rate without question. An attorney can document your actual costs, challenge an inadequate rate, and demand what you are legally owed.

What Living Expenses Are Covered by Maintenance?

Maintenance is designed to replicate the room and board a seaman would receive while working aboard a vessel. On land, that translates to the basic costs of keeping a roof over your head and food on your table while you recover.

Courts have generally recognized the following categories of expense as covered by maintenance:

• Rent or mortgage payments — your monthly housing cost is the largest component of most maintenance calculations and the most straightforward to document
• Utilities — electricity, gas, water, and in some cases internet if it is a standard household expense in your area
• Groceries and food costs — reasonable food expenses are covered; dining out regularly is generally not
• Homeowner’s or renter’s insurance — courts have recognized these as necessary costs of maintaining housing
• Property taxes — if you own your home, property taxes have been recognized as a legitimate maintenance expense in some jurisdictions

Expenses that are generally not covered include vehicle payments, entertainment, clothing, and personal care costs. The maintenance calculation is specifically focused on the cost of basic shelter and sustenance — nothing more, but nothing less either.

One important practical point: if you share housing costs with a spouse, partner, or roommate, courts typically prorate the maintenance calculation to reflect your share of the household expenses rather than the full household cost.

What Records Should You Keep to Support Your Maintenance Claim?

Documentation is the single most important factor in fighting for a fair maintenance rate. An employer offering $35 a day has no incentive to increase that amount unless you can demonstrate with evidence that your actual costs are higher. Here is exactly what to gather and keep.

Rent or mortgage statements: If you rent, keep copies of your lease agreement and monthly rent receipts or bank statements showing your rent payments. If you own your home, keep copies of your mortgage statements showing your monthly payment amount.

Utility bills: Keep copies of every utility bill — electricity, gas, water, trash — for the full period you are receiving maintenance. Monthly utility costs vary by season, so a full set of bills gives the most accurate picture of your average monthly expenses.

Grocery receipts or bank statements: You do not need to save every grocery receipt, but monthly bank or credit card statements showing your food spending provide a credible baseline for your food costs.

Insurance and tax documents: – If you pay homeowner’s or renter’s insurance, keep your policy documents and payment records. If you pay property taxes, keep your tax statements.

A running expense log: Keep a simple written or digital log of your monthly expenses from the date your injury occurs. This contemporaneous record — created at the time rather than reconstructed later — carries significant weight with courts because it is harder to dispute than records assembled after the fact.

The practical goal of this documentation is to give your attorney the evidence needed to calculate your actual daily living cost and present that figure to your employer or to a court as the correct maintenance rate. The stronger your documentation, the harder it is for your employer to justify paying less.

What Are Your Options if Your Employer Is Paying Too Little?

If your employer is paying a daily maintenance rate that does not cover your actual living costs, you have several options for challenging that figure.

Demand letter through your attorney – The most common first step is having a maritime attorney send a formal demand letter to your employer documenting your actual living costs and demanding payment of the correct maintenance rate. In many cases, employers increase the rate at this stage rather than face the cost and exposure of litigation.

Pre-trial motion for adequate maintenance – In situations where the inadequate maintenance rate is causing immediate financial hardship — you are at risk of losing your housing, for example — it is sometimes possible to seek a court order requiring the employer to pay an adequate rate while the broader case is pending. This is not available in every circumstance but is worth discussing with your attorney if your situation is urgent.

Recovery through your main lawsuit – If your maintenance and cure dispute is part of a broader Jones Act negligence or unseaworthiness claim, the unpaid maintenance — the difference between what your employer paid and what they should have paid — becomes part of the damages you recover in that lawsuit.

Punitive damages for willful underpayment – If your employer’s decision to pay an inadequate maintenance rate is found to be willful or made in bad faith, you may be entitled to punitive damages on top of the unpaid benefits. The same legal standard that applies to outright denial of benefits — arbitrary and capricious conduct — can apply to the deliberate underpayment of maintenance at a rate the employer knows is insufficient.

Collecting Maintenance Benefits

Maintenance benefits, as well as cure payments, are sometimes not awarded until after a lawsuit is won or settled. However, in emergency situations it is sometimes possible to seek a pre-trial determination from the court that you are entitled to immediate maintenance and cure payments.

Maintenance benefits continue until you reach Maximum Medical Improvement — the point at which further medical treatment would not improve your condition. For a full explanation of how MMI works and what to do if your employer uses it to cut off your benefits prematurely, see How Long Do Maintenance and Cure Benefits Last Under the Jones Act?.

Speak with an Experienced Maritime Lawyer

The maritime attorneys at Lambert Zainey have been fighting for fair maintenance and cure rates for injured seamen for more than 40 years. If your employer is paying a daily maintenance rate that does not cover your actual living costs, or if your benefits have been denied or terminated, we can help. Contact us today for a free, confidential consultation. We serve maritime workers across the Gulf Coast and throughout the United States, and we never charge a fee unless we win your case.