- There is no fixed daily rate for Maintenance benefits set by law. You are legally entitled to an amount that covers your actual, reasonable daily living costs—not whatever your employer decides to offer.
- Maritime employers and insurance companies routinely offer a lowball rate of $30 to $40 per day as a starting point. This figure reflects what companies want to pay, not what the law requires.
- Documented proof of your real expenses—rent receipts, utility bills, grocery costs—is the most powerful tool your lawyer has for forcing the company to increase your Maintenance rate.
- Federal courts evaluate Maintenance amounts based on the reasonable cost of food and lodging in the specific community where you live.
- If your employer willfully refuses to pay a fair Maintenance rate, you have the right to file a lawsuit to recover the correct amount, plus attorney fees and punitive damages.
One of the first practical questions an injured seaman asks after being hurt on the job is: “How much is my Maintenance check going to be?”
It is a critical question. Your bills do not stop just because your ability to work has. However, the answer most injured seamen get from their employers is far lower than what federal maritime law actually requires.
Maintenance and Cure benefits exist to cover your real, day-to-day living costs and medical bills while you are ashore recovering from a maritime injury. The daily “Maintenance” amount is not a fixed number written in a statute, and it is certainly not determined by what your employer’s insurance carrier decides is “fair.”
Your Maintenance rate is determined by your actual, documented living expenses. If your employer is paying you less than what it costs to survive, you have the right to fight for the correct amount.
This guide explains how Maintenance is calculated, what records you need to document your real costs, and how the maritime lawyers at Lambert Zainey force employers to pay what they owe.
The “Lowball” Trap: How Much Should Maintenance Be?
Under the Jones Act, Maintenance is designed to cover your actual, reasonable daily living costs on land—specifically your rent or mortgage, utilities, and food—for the period between your injury and your return to work.
What many injured seamen don’t realize is that there is no fixed daily rate set by law.
Historically, shipping companies and their insurers established a “customary” rate of $15 to $40 per day. Today, many companies still attempt to offer $30 to $40 a day as a standard starting point.
This is a trap. That figure reflects a rate from decades ago, not what it actually costs to live today. If your real living expenses are higher—and in modern Gulf Coast communities, they always are—you have the legal right to demand a rate that reflects your actual costs.
Admiralty courts determine Maintenance amounts by looking at the reasonable costs of food and lodging in the specific community where you live. This means that if you can prove your daily expenses are $85 a day, the company must pay $85 a day.
This is exactly where having an experienced maritime attorney makes a measurable financial difference. Insurance companies count on injured seamen accepting the $30 lowball rate out of desperation. An attorney will document your actual costs, challenge the 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 strictly to the basic costs of keeping a roof over your head and food on your table.
Courts have generally recognized the following categories of expense as covered by Maintenance:
What is NOT Covered: Expenses that are generally not covered include vehicle payments (car notes/insurance), entertainment, clothing, and personal luxury items.
Important Note: If you share housing costs with a spouse or roommate, courts typically prorate the Maintenance calculation to reflect your specific share of the household expenses, rather than the full household cost.
Get Our FREE Guide to Protect Your Claim
What you do after an accident is critical. Insurance companies will try to get you to make mistakes that can hurt your claim. Our free guide can help you avoid these traps.
Download our complimentary guide: “5 Costly Mistakes to Avoid After Any Maritime Accident” to arm yourself with the knowledge you need to protect your rights.
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 your lawyer can prove your actual costs are higher.
Here is exactly what you must gather and keep immediately after your injury:
The goal of this documentation is to give your attorney the irrefutable evidence needed to calculate your actual daily living cost. 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, or if they refuse to pay at all, you have several powerful legal options.
When Do Maintenance Payments Stop?
Your employer is legally obligated to continue paying Maintenance (and Cure) until you reach a medical status known as Maximum Medical Improvement (MMI)—the point at which further medical treatment will no longer improve your condition.
Employers frequently try to use biased “company doctors” to declare you at MMI prematurely just to stop your checks.
For a full explanation of how MMI works and what to do if your employer cuts off your benefits early, read our guide: What to Do If Your Employer Ends Maintenance and Cure Too Soon.
Speak with an Experienced Maritime Lawyer
The maritime trial 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 of $30 or $40 that does not cover your actual living costs, or if your benefits have been denied entirely, we can help. Do not accept a lowball offer out of desperation.
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.
