Admiralty Maritime:

Maintenance and Cure

If your employer refuses to pay maintenance or cure, you can sue for just maintenance or just for cure. Maintenance refers to weekly checks an employer is obligated to pay Jones Act workers when their regular pay is stopped because of a disease or injury. The law requires every Jones Act employer to provide a daily subsistence rate to employees to cover cost of room and board while ashore until the seaman is at maximum medical improvement or becomes fit for duty. Every worker who is hurt or falls ill while in service is entitled to maintenance benefits regardless of fault on the part of the employer or other party.

In addition to maintenance benefits, seamen are entitled to cure benefits, which offer payment for reasonable medical expenses during recovery. For cure benefits to apply, the medical treatment must be curative in nature. Once your condition is no longer changing or improving, you can be determined to be at maximum medical improvement and maintenance and cure benefits end.

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