If you were hurt working offshore or on a vessel out of Houma, you may have heard the phrase “maintenance and cure” from a co-worker, a claims adjuster, or the company. It sounds like insurance jargon, but it is one of the oldest and most important protections an injured maritime worker has. In plain English, maintenance and cure is money your employer generally owes you while you heal — and it usually applies whether or not anyone was at fault for your injury.
This guide walks through what maintenance and cure covers, how it is different from a Jones Act injury claim, when it ends, and the practical mistakes that can leave Louisiana offshore workers underpaid.
Maintenance and cure is a right that comes from general maritime law, not from any single Louisiana statute. It applies to workers who qualify as “seamen” — broadly, people whose work connects them to a vessel or fleet in navigation. When a qualifying seaman is injured or becomes ill while in the service of the vessel, the employer’s duty to provide maintenance and cure is generally triggered. There are two separate pieces.
Maintenance is a modest daily amount meant to cover the basic cost of food and lodging you would have received aboard the vessel — the everyday expenses of room and board while you recover on land. It is not meant to replace your full wages, and the daily rate is often a point of dispute. Some union contracts set the rate in advance; in other cases the amount depends on what you can document about your actual living costs.
Cure covers the reasonable and necessary medical expenses tied to your injury or illness — doctor visits, hospital care, surgery, medication, physical therapy, and related costs. Cure is tied to treatment, not to a full recovery, and it continues up to the point of maximum medical improvement (discussed below).
One of the most misunderstood parts of maritime law is this: maintenance and cure typically does not depend on proving your employer was negligent. Even if the injury happened partly because of something you did, the obligation to pay maintenance and cure can still apply. That is very different from a typical car-accident claim, where fault drives everything. This no-fault feature is why maintenance and cure is often the first source of support an injured seaman looks to while a larger claim is still being sorted out.
Maintenance and cure and a Jones Act claim are two different things, and many injured workers pursue both at the same time. Maintenance and cure covers living expenses and medical bills on a no-fault basis. A Jones Act claim, by contrast, is a negligence claim: it lets a seaman seek broader damages — such as lost earning capacity and pain and suffering — when the employer’s negligence or an unseaworthy vessel contributed to the injury.
Sorting out which protections apply to your situation depends on your job, the type of work, and how the injury happened. Longshore and harbor workers, for example, generally fall under a different federal system with its own deadlines. We break down those categories in our overview of the Jones Act, the Longshore Act, and workers’ comp for Louisiana offshore injuries, and in our Houma maritime injury practice overview.
The employer’s duty to pay cure generally continues until you reach what maritime law calls maximum medical improvement, or MMI — the point at which your condition has stabilized and further treatment is not expected to improve it. Reaching MMI does not necessarily mean you are fully healed; it means additional care is not expected to make the underlying condition better. Maintenance generally continues over the period you remain unable to do a seaman’s work, up to that same point. Because MMI is a medical judgment, disagreements between your treating doctor and a company-selected physician are common, and they can affect how long benefits continue.
Maintenance and cure is a right, but it is not always paid correctly. A few patterns come up repeatedly:
Reporting the injury in writing, getting prompt medical care, following your treatment plan, and keeping copies of your medical records and any maintenance payments all help preserve your position. Injuries on rigs, platforms, and support vessels in the Gulf raise their own issues; you can read more on our oilfield and offshore injuries page.
Deadlines in maritime cases are strict and vary by the type of claim. A seaman’s Jones Act claim is generally subject to a three-year statute of limitations under federal law. Longshore and Harbor Workers’ Compensation Act matters follow different and often much shorter timelines — for example, written notice and claim-filing requirements measured in days and a year rather than three years. Because the wrong deadline can end a claim before it starts, it is worth confirming which rules apply to your situation early.
No. Traditional state workers’ compensation generally does not apply to seamen. Maintenance and cure is a separate protection under maritime law that covers living expenses and medical treatment for qualifying vessel-based workers, on a no-fault basis.
Generally no. Maintenance and cure typically applies regardless of fault, as long as you qualify as a seaman and were injured or became ill in the service of the vessel. Negligence matters for a separate Jones Act claim, not for maintenance and cure itself.
Cure is generally owed up to maximum medical improvement. Disputes often arise when a company relies on its own physician to declare MMI earlier than your treating doctor would. Whether a cutoff is proper depends on the medical evidence in your specific case.
Often yes. Many injured seamen pursue maintenance and cure for immediate support while also pursuing a Jones Act negligence claim for broader damages. They are separate rights that can move forward at the same time.
A seaman’s Jones Act claim is generally subject to a three-year deadline under federal law, while Longshore Act claims follow shorter notice and filing timelines. Deadlines are fact-specific, so it is best to confirm the applicable rule promptly rather than assume.
If you were injured offshore or on a vessel and are unsure whether you are being paid what maritime law provides, our team is available to talk through your situation. You can reach us through our contact page for a free consultation.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Every case is different, and prior results do not guarantee or predict a similar outcome in any future case. Maritime law is complex and fact-specific; for advice about your particular situation, please consult a licensed attorney.
Related reading: Injured offshore in South Louisiana? Learn more about your options with a Houma maritime injury lawyer or, if you qualify as a seaman, a Houma Jones Act lawyer.
