Maintenance and Cure

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Maintenance and Cure Lawyers in New Orleans – Help for Injured Seamen

If you’re a seaman hurt while working for your vessel, there’s a basic, very old maritime right you need to know about: Maintenance and Cure (M&C). This is super important because it helps cover your basic living costs and medical bills while you recover – and it doesn’t matter who caused the injury.

But getting the full M&C benefits you’re owed isn’t always easy. Companies or their insurance might try to pay less, deny needed medical care, or push you back to work too soon. The experienced New Orleans maritime lawyers at Lambert Zainey know how crucial these benefits are. We fight hard to make sure injured seamen get every penny they’re entitled to under the law.

Having Problems Getting Maintenance & Cure? We Can Help.

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What Are Maintenance and Cure? A Seaman’s Basic Right

Maintenance and Cure is one of the oldest rules in maritime law. It recognizes that working at sea is dangerous and that employers need to take care of their injured crew. It has two parts:

Maintenance: Weekly or bi-weekly checks to help pay for your reasonable food and housing costs while you’re recovering off the vessel – basically, covering the living expenses the company would cover if you were still working onboard.
Cure: The company’s duty to pay for the reasonable and necessary medical treatment you need for your injury or sickness until you reach “maximum medical improvement.”

The most important thing: M&C is “no-fault.” You get these benefits even if the injury was your own mistake or just an accident. The only exception is usually if you intentionally hurt yourself (which is rare and hard for them to prove). You just need to show the injury or sickness happened while you were working for the vessel.

Who Gets Maintenance and Cure?

This right belongs specifically to workers who legally count as “seamen.” Generally, this means your job helps the vessel do its work, and you spend a good chunk of your time working on a vessel (or group of vessels) that’s operating. Find out more about who counts as a Seaman on our Jones Act page.

If you got hurt or sick while “in the service of the vessel” – meaning while you were generally on call or doing things for the boat, whether you were physically on it, ashore on leave, or sometimes even traveling to/from it – you likely qualify for M&C.

“Maintenance”: Help Paying Your Bills While Recovering

Maintenance payments help cover your basic living costs on land, replacing the room and board you’d get on the vessel.

What Bills Does Maintenance Cover?

Usually, it covers necessary costs like:

Rent or mortgage payments
Utility bills (lights, water, gas)
Food / Groceries
Sometimes homeowner’s insurance or property taxes (ask your lawyer)

How Much Maintenance Should You Get?

This is where fights often happen. The amount should cover your actual, reasonable daily living costs. But, companies often try to pay a really low daily rate (like $15, $30, or $40 a day), based on old union contracts or just because they want to save money. That’s often not enough, especially in places like New Orleans.

Prove Your Costs: You might be able to get more if you can show proof of your real expenses (rent receipts, utility bills).
Union Contracts: Sometimes a union rate applies, but if it’s way too low to live on, a court might say you deserve more.
Keep Records: Holding onto proof of your bills is really important if you need to fight for a fair rate.

Lambert Zainey knows how to fight against lowball maintenance rates so you get enough to actually live on while you recover.

“Cure”: Getting Your Medical Treatment Paid For

“Cure” means your employer has to pay for the medical care you need for your work injury or illness.

What Medical Care is Covered?

Cure should cover reasonable and necessary medical help, like:

Doctor visits (including specialists)
Hospital stays and operations
Prescription medicine
Physical therapy (PT) and rehab
Tests like X-rays or MRIs
Medical equipment you need (crutches, braces)
Travel costs to get to your appointments

Can You Pick Your Own Doctor?

Generally, yes. The company might send you to their doctor first, but injured seamen usually have the right to choose their own doctor for ongoing treatment under Cure. Your employer can’t just refuse to pay for your chosen doctor’s recommended treatment because they want you to see someone else. It’s important to tell your employer who you’re seeing and make sure the treatment is needed for your work injury.

How Long Do M&C Benefits Last? (Maximum Medical Improvement – MMI)

You keep getting Maintenance and Cure until you reach Maximum Medical Improvement (MMI). MMI means your medical condition is as good as it’s going to get – more treatment isn’t expected to make you physically better. It does NOT mean you’re 100% healed or ready to go back to your old tough job.

Who Decides MMI? This is another common fight. The company doctor might say you’re at MMI, but your doctor might disagree and think more treatment could help.
What if it’s Permanent? If your injury is permanent but you still need treatment to manage pain or symptoms, Cure payments might continue for that care.
Incurable Problems? If your condition can’t be cured, Cure might still cover treatment to make you more comfortable.

We fight hard when companies try to cut off benefits too early by saying you’re at MMI before you really are.

Your Employer MUST Pay Quickly

Maritime law is strict: employers have to look into your M&C claim quickly and start paying if it seems clear you’re entitled to it. They can’t drag their feet or deny payment just because they’re checking small details. If there’s any doubt, the law usually says they should pay the seaman.

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Over $1 Billion Recovered for Maritime Accident Victims

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$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

Common Problems & Company Tactics with M&C

It should be simple, but companies often try to save money. Watch out for:

Paying way too little for Maintenance.
Refusing to pay for treatment from the doctor you chose.
Making you wait forever for approval for needed surgery or tests.
Saying your injury didn’t happen at work or wasn’t related to the vessel.
Cutting off benefits too soon, claiming you’re at MMI when you’re not.
Refusing to pay anything at all.
Only trusting their “company doctors” who might not have your best interests at heart.

What if Your Employer Unfairly Denies M&C? (Getting Extra Damages)

If your employer refuses to pay Maintenance and Cure without a good reason, and they are being stubborn or unreasonable about it, you might be able to sue them for more than just the benefits they owe you. You could potentially get:

Consequential Damages: Money for extra harm caused because you didn’t get the medical care or living expenses you needed.
Punitive Damages: Extra money designed to punish the company for acting unfairly and discourage them from doing it again.
Attorney’s Fees: Money to cover your lawyer’s costs for having to fight them.

This gives companies a strong reason to do the right thing and pay M&C fairly.

How M&C Fits with Jones Act / Unseaworthiness Claims

It’s really important to know that Maintenance and Cure is separate from other claims you might have, like under the Jones Act (if your employer was negligent) or for Unseaworthiness (if the vessel was unsafe).

M&C: No fault needed, covers basic living/medical costs until MMI.
Jones Act/Unseaworthiness: Need to prove fault (negligence or unsafe condition), let you recover money for pain & suffering, future lost wages, etc.

You can (and often should) get M&C benefits while you are also suing under the Jones Act or for Unseaworthiness. Taking M&C payments does not stop you from filing these other important lawsuits.

Why You Need an Experienced Maritime Lawyer for M&C Problems

Maintenance and Cure is supposed to be a simple, automatic right for injured seamen. Unfortunately, employers and their insurance companies often try to save money by making it as difficult as possible for you. They count on you not knowing all the rules. This is where having an experienced maritime lawyer from Lambert Zainey on your side makes a huge difference.

An attorney levels the playing field and protects you from common company tactics. Here’s exactly how we step in to fight for you:

Get Paid on Time & Get the Right Amount. – We demand prompt and full payment of your benefits, fighting any delays or incorrect calculations by the company.
Fight Against Lowball Maintenance Rates. – Companies often pay too little for living expenses. We use proof of your actual bills (rent, food, utilities) to fight for a fair daily rate you can actually live on.
Protect Your Right to Choose Your Own Doctor. – The company wants you to see their doctor. We fight to ensure they pay for the necessary medical care recommended by your trusted physician.
Challenge “Fit for Duty” Orders. – We use your doctor’s medical opinion to challenge any attempt by the company to cut off your benefits by claiming you’ve reached Maximum Medical Improvement (MMI) too soon.
Sue for Punitive Damages if Benefits are Unreasonably Denied. – If your employer stubbornly refuses to pay, we can sue for not only the money owed but also extra damages to punish them for their bad faith.
Manage Your M&C and Injury Case Together. – We handle your M&C issues while also building your main Jones Act or Unseaworthiness case, ensuring nothing hurts your ability to recover full compensation.

We have represented injured maritime workers for over 40 years. We understand the laws that govern maritime employers and employees.

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Common Questions About Maintenance and Cure

If you’re hurt while working at sea, you may be owed maintenance and cure to help with living costs and medical bills. This section answers key questions so you know what to expect and how to protect your rights.

Enough to cover your real, reasonable costs for rent/mortgage, utilities, and food while you’re ashore recovering. Don’t just accept a low daily rate (15 -40) if your actual bills are higher. Keep proof of your expenses!

Usually, you have the right to pick your own doctor after the first visit. Tell your employer who you choose. They have to pay for reasonable, necessary treatment from your doctor related to the injury.

This happens a lot. It’s about reaching “Maximum Medical Improvement” (MMI), not just fitness for duty. You get benefits until your condition won’t get better with more treatment. We can fight the company doctor’s opinion using your doctor’s records.

Until you reach MMI – the point where more medical treatment won’t improve your condition. This is based on medical facts, not just when the company wants to stop paying.

Call an experienced maritime lawyer right away. If they’re denying benefits without a good reason, you might be able to sue for the money owed, plus extra damages and lawyer fees.

Contact Lambert Zainey Today About Your Maintenance and Cure

Don’t get shortchanged on the Maintenance and Cure benefits you need to survive while you recover from a seaman’s injury. The maritime lawyers at Lambert Zainey fight to protect your rights and make sure you get the full support the law requires.

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