Article · Maritime
Owed Without Fault Until the Doctor Says Stop: How Maintenance and Cure Actually Works
46 U.S.C. § 30104
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-12-24
- Topic
- Maritime
A seaman who falls ill or is injured in the service of the ship is owed food, lodging, and medical care until maximum medical improvement, regardless of fault and regardless of whether the injury happened on watch or ashore on liberty. That obligation is older than negligence law, requires proof of almost nothing, and resolves every doubt in the seaman's favor. This article explains what maintenance, cure, and unearned wages actually cover and when the duty ends. It then works through seaman status, the question that decides which of three entirely different compensation regimes applies, and the vessel and fleet requirements that make status contested in nearly every serious case. Jones Act negligence with its featherweight causation standard and unseaworthiness with its strict liability warranty are treated separately, because their elements, defenses, and damages differ. The article closes with the escalating consequences of refusing to pay — including the punitive damages available for willful refusal but unavailable for unseaworthiness — and the jurisdictional frame that lets a seaman choose a jury.
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