Maintenance and Cure Laws in Louisiana
Maritime law provides important protections for injured seamen. One of the most critical protections is maintenance and cure. As St. Mary Parish maritime attorneys, we regularly help injured seamen understand how these laws work and how to enforce their rights.
At Cueria Law Injury Lawyers, we guide maritime workers through the maintenance and cure process and fight back when employers fail to meet their legal obligations.
What Are Maintenance and Cure Laws?
Maintenance and cure laws require maritime employers to support seamen who suffer injuries or illnesses while working aboard a vessel. These laws exist under general maritime law and operate separately from negligence claims under the Jones Act.
Together, maintenance and cure ensure that injured seamen receive:
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Financial support for daily living expenses
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Necessary medical treatment during recovery
Importantly, fault does not matter. Even if no one caused the injury, the employer must still pay maintenance and cure.
Maintenance: Daily Living Expenses
Maintenance covers a seaman’s basic living expenses while recovering on land. These expenses typically include:
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Housing
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Food
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Utilities
The goal is to mirror the cost of living the seaman had while working offshore.
However, employers often try to minimize these payments. In many cases, daily maintenance rates fall between $15 and $40 per day, even when actual living expenses are much higher. Because of this, working with an experienced maritime attorney can help ensure you receive a fair maintenance rate based on your real costs.
Cure: Medical Treatment for Injured Seamen
Cure refers to medical care related to a seaman’s injury or illness. Employers must pay for:
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Doctor visits
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Hospital care
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Surgery
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Medication
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Physical therapy
Seamen have the legal right to choose their own doctor. Although employers may push workers toward company-approved physicians, you are not required to accept that care. Choosing an independent doctor often protects your health and your legal claim.
What Maintenance and Cure Do Not Cover
While maintenance and cure provide essential support, they have important limits.
These benefits do not cover:
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Pain and suffering
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Emotional distress
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Mental anguish or PTSD
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Long-term disability damages
To recover compensation for these losses, injured seamen may need to pursue additional claims, such as:
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Jones Act negligence claims
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Unseaworthiness claims
Maximum Medical Improvement (MMI)
Maintenance and cure benefits continue until the seaman reaches maximum medical improvement (MMI). MMI occurs when the injury has healed as much as medically possible, even if future treatment is still required.
Once MMI is reached:
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Maintenance payments stop
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Cure obligations end
If you cannot return to work after reaching MMI, other legal options may still be available. A maritime attorney can help evaluate your next steps.
Union Members and Maintenance and Cure
Union membership does not eliminate your right to maintenance and cure. However, some union contracts set specific maintenance rates.
Because these contracts vary, it’s important to review your union agreement with an attorney. This ensures your employer pays the correct amount required under both maritime law and your contract.
Do You Need a Lawyer for Maintenance and Cure?
While the law may seem straightforward, disputes are common. Employers may delay payments, underpay maintenance, or improperly cut off benefits.
Hiring a maritime attorney helps because:
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The claims process can be complex
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Employers often challenge valid claims
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Additional compensation may be available beyond maintenance and cure
Legal guidance protects both your recovery and your financial future.
Get Help With Maintenance and Cure in Louisiana
If you were injured while working on a vessel, you do not have to handle this process alone. At Cueria Law Injury Lawyers, our St. Mary Parish maritime attorneys have deep experience enforcing maintenance and cure rights for injured seamen.
We are committed to helping you recover physically and financially. Contact us today for a free, confidential consultation to discuss your case and your options.
