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What Is Maximum Medical Improvement and How Does It Affect Your Jones Act Claim?
If you have been injured working on a vessel or offshore platform in the Gulf of Mexico, you have likely heard the term "Maximum Medical Improvement" (MMI). It is one of the most important—and most misunderstood—milestones in any Jones Act maritime injury claim. Understanding what MMI means, when it happens, and how it affects your benefits and settlement options is essential to protecting your rights.
What MMI Means in Maritime Law
Maximum Medical Improvement is the point at which your treating physician determines that further medical treatment will not result in significant improvement to your condition. It does not necessarily mean you have fully recovered—it means you have reached the maximum benefit of continued treatment. You may still have permanent impairment, ongoing pain, or functional limitations even at MMI.
In maritime law, MMI is significant because it is the point at which your employer's obligation to pay maintenance and cure typically ends. Maintenance and cure are two separate benefits owed to injured seamen under maritime law: maintenance covers basic living expenses (daily stipend), and cure covers reasonable medical treatment costs.
How MMI Affects Maintenance and Cure Payments
Once your employer's physician declares you have reached MMI, the employer may stop paying maintenance and cure. However, if you disagree with this determination, you have the right to seek a second opinion—and if there is a genuine dispute about whether you have actually reached MMI, the employer cannot lawfully terminate your benefits without strong medical support.
Importantly, declaring MMI prematurely—before you have truly plateaued in your recovery—is a common defense tactic by maritime employers and their insurers. A premature MMI declaration that cuts off your maintenance and cure when you still need treatment can form the basis for a claim of willful failure to provide cure, which can entitle you to attorneys' fees and enhanced damages.
Why Timing of MMI Matters for Your Claim Value
MMI also marks the appropriate time to assess the full value of your Jones Act negligence claim or unseaworthiness claim. Before MMI, it is often difficult to accurately project future medical costs and the full extent of your lost earning capacity. Settling your Jones Act case before MMI is almost always a mistake—you may be accepting a settlement that does not reflect your true long-term damages.
What Happens If You Settle Before Reaching MMI?
Settling before MMI means you are agreeing to a number before you know the full cost of your injuries. If your condition worsens after settlement, you typically cannot reopen the case. Maritime employers and their insurers often push for early settlement precisely because injured workers who settle before MMI accept less than their claims are worth. An experienced maritime injury attorney will strongly advise against settling before MMI.
How Future Medical Needs Are Calculated at MMI
At MMI, life care planners and medical economists can assess the value of future medical treatment you will need for the rest of your life. This includes ongoing physician visits, medications, physical therapy, assistive devices, and the possibility of future surgeries. These projected future costs become a core component of the damages you can seek in a Jones Act lawsuit.
Contact A2X Law for a Free Maritime Consultation
Anderson Alexander PLLC represents injured maritime workers throughout South Texas and the Gulf of Mexico region. If you have reached MMI or been told your benefits are ending, call us before you accept any settlement: (361) 452-1279.
Anderson Alexander PLLC · 101 N Shoreline Blvd, Suite 420, Corpus Christi TX 78401 · (361) 452-1279
