When you suffer an injury while working on a vessel or in maritime employment, federal law provides you with important protections. Maintenance and cure benefits help cover your living expenses and medical costs while you recover. If your employer is refusing to pay these benefits or pressuring you to accept less than you may be entitled to, Williams Hart & Boundas, LLP works to protect your rights. Our maritime lawyers in Houston understand the challenges facing injured seamen and handle cases on a no-fee basis to help pursue compensation.
What Is Maintenance and Cure?
Maintenance and cure is a federal maritime law benefit that requires employers to pay for two essential categories of support when a seaman suffers a work-related injury. Under the Death on the High Seas Act and general maritime law, employers have a duty to provide these protections to their workers.
Maintenance covers your daily living expenses while you cannot work. This includes food, rent or mortgage payments, utilities, transportation, and other basic household costs. The law recognizes that an injured worker still has bills to pay, even while recovering.
Cure covers all necessary medical treatment related to your injury. This includes doctor visits, hospital stays, surgery, prescription medications, physical therapy, diagnostic imaging, and medical devices. Your employer must pay for treatment your doctor determines is necessary to support your recovery.
Unlike workers’ compensation, which is a state-based system with strict limits, maintenance and cure is a federal benefit that continues until you reach maximum medical improvement or fully recover. This means your employer generally cannot cut off your benefits after a fixed number of weeks without a valid basis.
Why Choose Williams Hart & Boundas, LLP
Williams Hart & Boundas, LLP has experience handling maritime law matters and has recovered compensation for injured seamen. Our attorneys understand tactics employers may use to deny or minimize maintenance and cure benefits and take steps to challenge those actions.
Our team includes attorneys recognized by Best Lawyers in America and Texas Super Lawyers for personal injury litigation. We have recovered millions of dollars for injured workers in maritime cases, including verdicts and settlements exceeding $25 million in oil and gas injury cases and $800,000 in offshore worker injuries. We represent injured seamen on a no-fee basis—you pay nothing unless we recover compensation for you.
We handle cases involving tugboat crews, offshore supply vessel workers, deckhands, tankermen, blue-water seamen, engine room crew, commercial fishing workers, and dredge operators. If you work on the water in Houston or along the Gulf Coast, we understand your industry and your rights.
How Maintenance and Cure Works
Your employer’s obligation to pay maintenance and cure begins on the date of your injury. The law does not require you to prove negligence or fault—your employer must pay these benefits because you were injured while working in maritime employment. This is distinct from negligence-based claims under the Jones Act, which may provide additional recovery options.
The benefits continue until you reach maximum medical improvement (MMI), which is the point at which your condition stabilizes and further medical treatment is unlikely to improve your condition. At that point, your employer’s obligation to pay maintenance ends, though you may still have claims for permanent disability or other damages.
Daily maintenance amounts vary based on your actual living expenses. While many employers historically paid $30 to $50 per day, federal maritime law requires payment of your actual reasonable room-and-board costs, which may be higher depending on your location and documented expenses. Your employer must reimburse you for documented expenses or pay a reasonable daily rate. Cure benefits generally do not have a preset cap—your employer must pay for necessary medical treatment.
If your employer refuses to pay maintenance and cure benefits, you have the right to file a lawsuit. If your employer acts in bad faith by deliberately denying benefits or pressuring you to accept less than you may be entitled to, you may be able to recover additional damages beyond the basic maintenance and cure amount.
Types of Expenses Covered
Maintenance Expenses
Your maintenance benefits should cover reasonable living expenses while you recover:
- Food and groceries
- Rent or mortgage payments
- Utilities (electricity, water, heating, gas)
- Phone and internet service
- Transportation to medical appointments
- Childcare expenses (if necessary due to your injury)
- Insurance premiums
Cure Expenses
Your cure benefits cover medical treatment necessary to address your injury:
- Doctor visits and consultations
- Specialist appointments
- Hospital stays and surgical procedures
- Prescription medications
- Medical devices and equipment (wheelchairs, braces, crutches)
- Physical therapy and rehabilitation
- Diagnostic imaging (X-rays, MRI, CT scans)
- Mental health treatment related to your injury
Who Qualifies for Maintenance and Cure
You may qualify for maintenance and cure benefits if you are a seaman working in maritime employment. Federal law defines a seaman as someone who works on a vessel and whose job duties are substantially related to the operation or maintenance of the vessel. Courts apply the “status test” and “function test” to determine seaman status under federal maritime law.
This includes:
- Tugboat and barge crew members
- Offshore supply vessel workers
- Deckhands and tankermen
- Blue-water seamen
- Engine room and wheelhouse crew
- Commercial fishing crew
- Dredge and workboat operators
Your injury must be work-related and occur while you are performing your job duties. You do not need to prove that your employer was negligent—maintenance and cure is a no-fault benefit. However, if your employer was negligent, you may have additional claims under the Jones Act or general maritime law for unseaworthiness.
Common Reasons Employers Deny Maintenance and Cure
Some employers attempt to avoid paying maintenance and cure benefits by using tactics that violate maritime law. Understanding these tactics helps you recognize when your rights may be violated.
Employers may claim you are not a seaman, even though your job duties relate to vessel operation. They may argue your injury is not work-related, despite evidence showing the injury occurred during work. Some employers pressure injured workers to use company doctors who minimize the severity of injuries. Others stop paying benefits without legal justification.
If your employer is using any of these tactics, you have legal options. Williams Hart & Boundas, LLPchallenges employer denials and pursues bad faith claims when appropriate.
FAQs About Maintenance and Cure in Houston
How much can I recover in maintenance and cure?
The amount depends on your actual living expenses and the cost of necessary medical treatment. Maintenance benefits vary based on your documented expenses, which may exceed historical ranges of $30 to $50 per day, depending on your location and actual costs. Cure benefits generally do not have a cap and do not cover necessary treatment. If your employer acts in bad faith, additional damages may be available. Our case results demonstrate the significant recoveries we have obtained for injured seamen.
What is the difference between maintenance and cure and workers’ compensation?
Maintenance and cure is a federal maritime law benefit that applies to seamen. Workers’ compensation is a state-based system that typically provides lower benefits and has strict time limits. As a maritime worker, you may have different recovery options through maintenance and cure. Understanding these differences is critical to maximizing your recovery.
Do I have to pay attorney fees?
No. Williams Hart & Boundas, LLP represents injured seamen on a no-fee basis. You pay nothing unless we recover compensation for you. If there is a recovery, the fee is taken from that amount.
How long does a maintenance and cure case take?
The timeline varies depending on case factors and whether your employer is willing to settle. Some cases resolve without trial once the employer evaluates the claim. If litigation is necessary, the process may take longer.
Can I sue my employer for maintenance and cure?
Yes. You have the right to file a lawsuit to recover maintenance and cure benefits. You may also have additional claims under the Jones Act if your employer was negligent or under general maritime law for unseaworthiness. Williams Hart & Boundas, LLPevaluates available claims and pursues appropriate legal remedies.
What if my employer says I am not a seaman?
Seaman status has a specific legal definition. Courts have established criteria for determining whether someone qualifies. Williams Hart & Boundas, LLP challenges employer disputes about seaman status and presents supporting evidence where applicable.
Contact Williams Hart & Boundas, LLP for Your Free Consultation
If you have suffered an injury while working in maritime employment, do not wait to seek legal help. Statutes of limitation apply to maritime injury claims, and evidence can become harder to obtain over time. Williams Hart & Boundas, LLP offers free consultations to discuss your case and explain your rights.
Call (713) 230-2200 today to speak with a maritime lawyer about your situation and potential options for seeking compensation. We represent injured seamen throughout Houston and the Gulf Coast on a no-fee basis.