What is ‘maintenance and cure’?
Maintenance and cure is a legal remedy in maritime law that pertains to injured seamen or their families. It is the responsibility of an employer to provide maintenance and cure to an injured crew member regardless of who is to blame for the injury. This includes providing medical care and financial support while the employee is recovering. Maintenance requires the employer to provide living costs that the injured employee can no longer cover, such as food, lodging, and other basic necessities. This amount is usually a daily rate and can only be stopped once the employee has made a full recovery or if it is determined that the injury has become permanent. Cure requires the employer to pay for all reasonable and necessary medical expenses associated with treating the injury, including hospital bills, physician fees, and prescriptions. The employer is also required to provide transportation to and from medical appointments for the injured employee. A key element of maintenance and cure is that the injured employee is not required to prove fault on the part of the employer in order to receive compensation. This is a big benefit for those that have been injured, especially since the amount of compensation they can expect to receive is often minimal.
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