If you were injured while working on a vessel, you may be entitled to a benefit that most offshore workers have never heard of: maintenance and cure. Unlike workers' compensation — which does not apply to maritime workers — maintenance and cure is a centuries-old maritime doctrine that provides financial support and medical care to seamen injured in the service of a vessel, regardless of who was at fault.

At Anderson Alexander PLLC, our South Texas maritime attorneys help injured offshore workers understand and protect their rights. If you were hurt on the job at sea, here is what you need to know about maintenance and cure.

What Is Maintenance and Cure?

Maintenance and cure are two related but distinct obligations that a vessel owner or employer owes to a seaman who becomes sick or injured while in service of the ship. These rights apply whether the injury happened due to employer negligence, a vessel defect, or even the seaman's own carelessness.

Maintenance refers to a daily living allowance — similar to a per diem — paid to help cover your housing and food costs while you recover ashore. Cure refers to the payment of all reasonable and necessary medical expenses related to your injury or illness, including doctor visits, surgeries, prescriptions, and rehabilitation.

Who Qualifies for Maintenance and Cure?

To qualify for maintenance and cure, you must be a seaman — meaning someone whose work contributes to the function of a vessel in navigation. This includes workers on offshore drilling rigs, supply boats, tugboats, barges, cargo ships, and other commercial vessels operating in the Gulf of Mexico or along the South Texas coast.

The injury or illness must have occurred "in the service of the vessel." This is a broad standard — you do not need to have been injured on the vessel itself. Maritime courts have found that injuries occurring on shore during deployment can still qualify, as long as they are connected to your employment on the vessel.

How Long Does Maintenance and Cure Last?

Your employer is obligated to pay maintenance and cure until you reach Maximum Medical Improvement (MMI) — the point at which your condition has stabilized and further treatment will not significantly improve your health. MMI does not mean you are fully healed. It means your doctor has determined you have recovered as much as possible with current treatment.

Employers sometimes try to declare MMI prematurely to cut off benefits. If you believe your employer has wrongfully terminated your maintenance and cure payments, you should speak with a maritime attorney immediately. Our team at Anderson Alexander PLLC can help you challenge an improper MMI declaration and fight to restore your benefits.

What Are Typical Maintenance Rates?

Federal maritime law does not set a fixed daily maintenance rate. The amount is often determined by the collective bargaining agreement covering the vessel, or by what courts consider a reasonable daily rate given your actual living expenses. Historically, many maritime employers paid rates as low as $8 per day — which was clearly insufficient. Courts have been moving toward higher rates, and many awards in recent years have exceeded $35 to $50 per day.

Your attorney can help you challenge an unreasonably low maintenance rate and seek a fair amount that covers your actual costs of housing and food while you are unable to work and recover from your injuries.

What Happens If Your Employer Refuses to Pay?

If your employer refuses to pay maintenance and cure without a valid reason, you may be entitled to additional damages beyond just the unpaid benefits. Under maritime law, an employer who "willfully and callously" refuses to pay maintenance and cure can be held liable for punitive damages — potentially far exceeding the value of the underlying benefit itself.

An employer can also be required to pay attorney's fees if their refusal to pay was arbitrary and capricious. This makes it critically important to consult with a maritime attorney as soon as your employer denies or reduces your maintenance and cure benefits. Time limits apply to maritime claims, and prompt legal action protects your rights.

Maintenance and Cure vs. Jones Act Claims

Maintenance and cure is separate from — and can be pursued alongside — a Jones Act negligence claim. The Jones Act allows injured seamen to sue their employers for negligence when the employer's failure to provide a safe working environment caused the injury. While maintenance and cure provides basic living and medical support regardless of fault, the Jones Act allows recovery of full damages including lost wages, pain and suffering, and future medical costs — but requires proving employer negligence.

Injured maritime workers in South Texas may also have a claim for unseaworthiness if the vessel or its equipment was not reasonably fit for its intended purpose. Our attorneys regularly evaluate all available claims — maintenance and cure, Jones Act negligence, and unseaworthiness — to ensure our clients receive the full compensation they deserve.

Contact a South Texas Maritime Attorney Today

If you were injured while working offshore or on a commercial vessel in South Texas, you may be entitled to maintenance and cure — and potentially much more. The attorneys at Anderson Alexander PLLC are both Super Lawyers rated and handle maritime injury cases throughout Corpus Christi and the surrounding Gulf Coast region. We work on a contingency basis, meaning no fee unless we win.

Call Anderson Alexander PLLC for a free consultation at (361) 452-1279. Our office is located at 101 N Shoreline Blvd Suite 420, Corpus Christi, TX 78401. You can also visit our maritime practice page to learn more about your rights as an injured offshore worker.