Decisions over the last several years by the 5th U.S. Circuit Court of Appeals have bolstered employers’ defenses to maintenance-and-cure claims by injured seamen. But a 2013 decision has come to seamen’s aid. Counsel on both side of the admiralty and maritime docket can take some steps to strengthen their clients’ positions before litigation begins.
Since the Middle Ages, if a seaman became injured or ill in the service of his vessel, maritime law has afforded him maintenance and cure. Irrespective of fault, the seaman’s employer must provide the seaman with the daily value of his food and lodging aboard the vessel (maintenance) and pay his medical bills (cure) related to the injury until the seaman reaches what’s called maximum medical cure.
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