Maritime work is physically demanding and often dangerous. When a seaman is injured on the job, recovery can take weeks, months, or longer. During this time, they may be unable to work, earn a paycheck, or pay for necessary medical care. Fortunately, U.S. maritime law provides injured seamen with important protections through a doctrine known as maintenance and cure.
If you’re a seaman recovering from a work-related injury in Texas, understanding maintenance and cure under maritime law is critical. These benefits are your legal right, not a favor from your employer. However, many employers underpay, delay, or try to avoid their obligations altogether.
At the Kolodny Law Firm, PLLC, we have helped injured seamen across Texas enforce their rights and recover their compensation for over a decade. Below, we explain maintenance and cure, who qualifies, and ways your employer may try to use to cut corners with your care.
What Does “Maintenance and Cure” Mean?
“Maintenance and cure” is a centuries-old legal concept in maritime law. It requires vessel owners and maritime employers to care for injured seamen who are hurt during their duties. These benefits cover your basic needs and medical care while you recover.
Maintenance refers to the daily cost of living while you cannot work due to your injuries, including housing, food, and utilities. It is meant to provide you with the same essentials you had while living aboard the vessel.
Cure refers to the medical care and treatment you need to recover from your injury, such as emergency treatment, hospitalization, physical therapy, prescriptions, and surgery. Payments continue until you reach maximum medical improvement (MMI), which is the point at which your condition is not expected to improve.
You do not need to prove your employer was negligent. These are no-fault benefits, owed simply because you were injured while serving the vessel.
Jones Act claims and maintenance and cure claims are distinct because you must demonstrate negligence under a Jones Act claim. However, the rights often overlap, and many injured seamen may pursue both claims simultaneously.
Who Is Entitled to Maintenance and Cure Under Maritime Law?
Only individuals legally classified as seamen can receive maintenance and cure under maritime law. The following requirements must be met:
- You must work aboard a navigational vessel. A qualifying vessel is afloat, operable, and capable of moving through navigable waters.
- You must contribute to the vessel’s mission or function. Whether you handle equipment, assist with operations, or support the crew, your job must directly relate to the vessel’s function.
- You must spend a significant portion of your work time aboard. Courts generally require that you spend at least 30% of your total working time on the vessel or a fleet of vessels under common ownership or control.
If you meet these criteria, you are likely a “seaman” under the Jones Act and maritime law, and your employer owes you maintenance and cure benefits if you’re injured while doing your job.
Common Employer Tactics to Watch Out For
Although maritime law is clear, employers and vessel owners often try to minimize their financial responsibility. Here are some common tactics they may use to avoid or reduce what they owe:
- Paying a flat maintenance rate that is too low without considering your real cost of living;
- Delaying payments or requiring excessive paperwork, hoping you’ll give up;
- Cutting off medical care prematurely by claiming you’ve reached MMI, sometimes before your doctor agrees;
- Restricting you to company-approved physicians, even though you generally have the right to choose your own; and
- Pushing for a quick settlement that includes waiving future benefits or legal claims.
These tactics can seriously harm your recovery. If your employer delays or denies payments, seeking legal help is critical. Courts have penalized employers who act in bad faith, and you may be entitled to additional compensation if they violate your rights.
Contact a Houston Maritime Attorney for Help
Maintenance and cure benefits are not optional. If you’ve been injured while serving aboard a vessel, your employer has a legal duty to provide financial support and medical care, no matter who is at fault.
Unfortunately, many employers try to sidestep these responsibilities or pressure seamen into settling for less. At the Kolodny Law Firm, PLLC, we can help you:
- Prove your eligibility as a seaman,
- Calculate and demand complete maintenance and cure benefits,
- Challenge premature MMI findings or underpayment,
- Negotiate with your employer or their insurer, and
- File a lawsuit if your benefits are unfairly denied or withheld.
Our legal team is ready to stand up to maritime employers and ensure you receive the support you’re entitled to.
Don’t wait to protect your health and your future. Contact us today for a free, confidential consultation with a dedicated Houston maritime attorney who knows how to fight for injured seamen across Texas.
Alan Kolodny está comprometido a representar a clientes lesionados en Texas y en todo Estados Unidos. Alan obtuvo su licenciatura en la Universidad Rice y su doctorado en Derecho en la Universidad Metodista del Sur.
Centra su práctica en la representación de demandantes en casos de lesiones personales relacionados con los siguientes asuntos: accidentes marítimos y de alta mar, incluidos los contemplados en la Ley Jones; accidentes automovilísticos y de camiones de 18 ruedas; y accidentes laborales, accidentes relacionados con el trabajo y reclamaciones de trabajadores ferroviarios lesionados en virtud de la Ley Federal de Responsabilidad de los Empleadores.
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