Maintenance and cure is a maritime term that specifies the obligations vessel owners and maritime employers owe their employees.
Offshore maritime work environments have different characteristics than traditional work environments. For example, many seamen depend on their employers for food and shelter. Offshore rig employees are a great example of workers who depend on an employer for food, shelter and medical treatment during an emergency.
Due to the nature of offshore maritime work, seamen do not need to demonstrate fault to receive maintenance and cure benefits.
The obligation to “cure” means that a ship or vessel owner must provide necessary medical care when their workers suffer from injuries or illnesses. Injured or sick workers retain the right to choose medical providers. Furthermore, they are under no obligation to receive treatment from a provider selected by their employer.
If a seaman suffers an injury, illness, or aggravates an existing condition or illness while serving aboard a vessel or traveling to a vessel, the vessel owner or employer must provide maintenance. This daily stipend covers the seaman while he or she recovers, and may be subject to a contract rate.
Maintenance and cure is a term many maritime workers are familiar with. However, they may not fully understand its legal complexities or the obligations their employers have under maritime laws.