Maintenance and cure
The remedies of maintenance, cure and unearned wages are based on the obligation of the employer of seaman to provide suitable quarters, provisions and medical care to seaman while they are aboard the vessel. An employer must provide maintenance and cure to a seamman who suffers injury or illness while "in the service of" his or her ship. The remedy is similar to worker’s compensation, as liability for maintenance and cure is imposed upon the employer without regard to fault. Unlike most worker compensation schemes, benefits are limited to the seman’s medical expenses (cure) until he reaches maximum medical improvement for his condition, wages only to the end of the voyage, and a small sum for living expenese (maintenance) during the period of treatment and convalescence.
All doubts as to entitlement, defenses, and necessity of medical treatment and of attainment of maximum medical improvement are to be resolved by the employer in favor of seaman. The employer has the affirmative duty to promptly investigate any claim for maintenance, cure and unearned wages and, resolving doubts as to entitlement in favor of the seaman, promptly pay amounts due.
After the seaman has reached maximum medical cure (also called maximum medical improvement, there is no obligation to pay maintenance and cure. Maximum cure is reached when a seaman’s condition is of permanent character and/or will not further improve with additional medical treatment.
An action for maintenance and cure may be brought in personam against the employer, either as an admiralty claim in federal or state court, or, if there is diversity jurisdiction, as a law claim in federal court.
On June 25, 2009, the United States Supreme Court, in Atlantic Sounding Co., Inc. v. Townsend, determined that punitive damages remain an available remedy under the general maritime law for a failure to provide maintenance and cure. Justice Thomas noted that where a vessel owner has demonstrated a "willful and wanton disregard of the maintenance and cure obligation", punitive damages are an available remedy. This is a remarkable and important decision for injured seafarers around the world.
Contact Corpus Christi and Galveston maritime lawyer Scott Nelson if you are injured in a maritime accident.