Maintenance and Cure

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Maintenance and Cure Lawyers: Forcing Maritime Employers to Pay What They Owe

Your Oldest and Most Fundamental Maritime Right

If you are a seaman injured or taken ill while working on a vessel, you possess a fundamental legal right that predates the United States itself: Maintenance and Cure (M&C).

Because working at sea is inherently dangerous, maritime law dictates that vessel owners must take care of their injured crew members. Maintenance and Cure is designed to cover your basic living expenses and necessary medical bills while you recover ashore—and it does not matter who caused the accident or if you were at fault.

That right exists to protect you. But in practice, maritime employers and their insurers routinely look for ways to limit it. They pay inadequate daily rates, force injured seamen to see biased “company doctors,” and terminate benefits long before a genuine medical recovery has been reached.

The nationally recognized maritime attorneys at Lambert Zainey know exactly how companies manipulate the M&C system. For over 40 years, we have aggressively fought to force vessel owners to fulfill their legal duties to injured seamen across the Gulf Coast.

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What Are Maintenance and Cure Benefits?

Maintenance and Cure is a “no-fault” benefit. You only need to prove that your injury or illness occurred while you were in the service of the vessel. The law breaks this obligation into two distinct parts:

1. “Maintenance”: Your Daily Living Expenses

Maintenance is a daily stipend designed to replace the room and board you would have received if you were still living and working on the ship. It is meant to keep a roof over your head and food on the table while you recover.

Maintenance typically covers:

Rent or mortgage payments
Basic utilities (electricity, water, gas)
Food and groceries
Property taxes and homeowner’s insurance

2. “Cure”: Your Medical Treatment

Cure is your employer’s absolute duty to pay for all reasonable and necessary medical treatment related to your workplace injury or illness.

Cure typically covers:

Hospital stays and surgical procedures
Doctor and specialist visits
Diagnostic testing (MRIs, CT scans, EMGs)
Physical therapy and rehabilitation
Prescription medications and medical devices (wheelchairs, braces)
Travel expenses to and from medical appointments

Note: If you do not qualify as a “seaman” under the Jones Act, you may still be entitled to medical coverage and wage replacement under the LHWCA.

The Battle Over “Maintenance”: Getting a Fair Daily Rate

The amount of your Maintenance check is one of the most common sources of legal conflict. The rate is supposed to cover your actual, reasonable daily living costs.

However, employers frequently try to force injured seamen to accept shockingly low “standard” rates—often as little as $15 to $40 a day. In modern cities like New Orleans or Houston, it is impossible to survive on $30 a day.

How we fight back: Lambert Zainey does not accept lowball maintenance rates. We work with you to gather proof of your actual household expenses (rent receipts, utility bills, grocery costs) to force the company to pay a daily rate you can actually live on.

Are you being underpaid? Read our guide: How Much Are Maintenance Benefits Under the Jones Act?

“Cure”: Getting Your Medical Treatment Paid For

Your employer has to pay for your medical care, but they do not get to dictate who provides it.

After an injury, the company will likely send you to their designated clinic. These “company doctors” are paid by the employer and are heavily incentivized to minimize your injuries, order the cheapest treatments, and clear you for duty as fast as possible.

Under the Jones Act, you have the absolute right to choose your own independent doctor.

You do not have to rely on the company’s diagnosis, and you should never use your personal health insurance for a work injury. If your chosen specialist recommends an MRI or surgery, your employer is legally obligated to pay for it under their “Cure” duties.

Are you getting the right diagnostic tests? Read our guides:

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

Your employer cannot simply stop paying you because your treatment is getting expensive. Under maritime law, Maintenance and Cure benefits must continue until you reach Maximum Medical Improvement (MMI).

MMI is the specific point at which a doctor determines that your condition has stabilized and that further medical treatment will no longer improve your physical state.

MMI does not mean you are 100% healed. You can reach MMI and still be permanently disabled or in chronic pain.
MMI does not mean you are “fit for duty.” You may reach MMI and never be able to return to heavy maritime work again.

Because MMI is the legal trigger that allows the company to stop paying, company doctors will often declare you have reached MMI prematurely. If your independent doctor disagrees, you have the right to fight the termination of your benefits.

Learn more about your rights in our detailed guide: How Long Do Maintenance and Cure Benefits Last Under the Jones Act?

case results

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.

What Happens When Your Employer Unfairly Denies Benefits?

Maritime law is exceptionally strict regarding Maintenance and Cure. Employers must investigate your claim promptly and start paying immediately if it is clear you are entitled to benefits. They cannot drag their feet, deny payment over minor technicalities, or cut off your checks without a valid medical reason.

When an employer stubbornly, arbitrarily, or maliciously refuses to pay M&C, they open themselves up to severe legal penalties. Our attorneys can sue them to recover:

The Unpaid Benefits: The actual M&C money you are owed.
Consequential Damages: Compensation for additional harm caused by their refusal to pay (e.g., your condition worsened because you couldn’t afford a surgery, or you lost your home).
Attorney’s Fees: Forcing the company to pay the legal costs you incurred fighting them.
Punitive Damages: In cases of egregious, willful denial of benefits, the court can order the company to pay massive punitive damages designed to punish them for bad faith.

Read more:

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 Choose Lambert Zainey for Your M&C Claim?

Maintenance and Cure is supposed to be an automatic right, but corporations have teams of lawyers working to make it difficult for you. You need a firm with the resources and reputation to level the playing field.

Here is how the trial lawyers at Lambert Zainey 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.

Maintenance must cover the seaman’s actual, reasonable daily living costs, including rent or mortgage, utilities, and food. There is no fixed daily rate set by law. Employers often offer $30 to $40 per day, but a seaman is entitled to an amount that reflects their real documented expenses, which may be significantly higher.

Generally, a seaman has the right to choose their own treating physician. While an employer may request an initial evaluation by a company-appointed doctor, they are required to pay for reasonable and necessary treatment recommended by the seaman’s chosen physician for the work-related injury.

The standard for ending maintenance and cure is Maximum Medical Improvement (MMI) — the point at which the seaman’s condition cannot be further improved by treatment — not simply fitness for duty.
When a company doctor and the seaman’s personal physician disagree on MMI, the seaman has the right to challenge that determination using independent medical records and expert opinion.

Maintenance and cure benefits continue until the seaman reaches Maximum Medical Improvement (MMI), meaning further medical treatment would not improve their condition. This is a medical determination based on the seaman’s actual health status, not a date chosen by the employer.

A seaman whose employer has denied, delayed, or terminated maintenance and cure benefits without justification has the right to file a lawsuit to recover the unpaid benefits. If the denial is found to be willful or made in bad faith, the seaman may also be entitled to punitive damages and attorney’s fees.

Contact Lambert Zainey Today About Your Maintenance and Cure

Don’t get shortchanged on the benefits you need to survive while you recover. The insurance companies have lawyers protecting their profits—you need aggressive trial lawyers protecting your health and your family’s future.

Contact the nationally recognized maritime attorneys at Lambert Zainey today for a free, completely confidential review of your case. We never charge a fee unless we win.

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