Toolkit · Maritime

The Seaman Status Analysis, Maintenance Rate Worksheet, and Cure Demand Toolkit

46 U.S.C. § 30104

Type
Toolkit
Jurisdiction
National
Date
2024-12-03
Topic
Maritime

This toolkit supplies the documents a maritime injury matter runs on, each keyed to the authority it implements. Status materials include a worksheet applying the two-part test across an entire employment record and a vessel determination screen. Seaman-side materials include a maintenance and cure demand letter, a maintenance rate documentation schedule that directly determines the amount recovered, and a payment and denial log that becomes the punitive damages case. Owner-side materials include an accident report standard, an evidence preservation instruction that covers exculpatory records, a cure payment protocol, and a cure termination memorandum that must be complete before any termination. Defense materials include a concealment defense analysis requiring all three elements and an unseaworthiness condition-versus-act analysis. Litigation materials include a damages accounting with set-offs and a limitation of liability tracker.

The Seaman Status Analysis, Maintenance Rate Worksheet, and Cure Demand Toolkit

Maritime > Seaman Status, Maintenance and Cure, and Vessel Negligence | Published 3 December 2024 - Updated 24 June 2026 | UpLaw - uplaw.us

Authority reference card

Question Authority
What is the Jones Act action? 46 U.S.C. § 30104
What related provisions apply, including limitations? 46 U.S.C. § 30105, 46 U.S.C. § 30106
What framework governs maritime torts? 46 U.S.C. § 30101, 46 U.S.C. § 30103
What provisions are incorporated from railway employee law? 45 U.S.C. § 51, 45 U.S.C. § 53, 45 U.S.C. § 54, 45 U.S.C. § 56, 45 U.S.C. § 60
What is the death on the high seas action? 46 U.S.C. § 30302, 46 U.S.C. § 30303, 46 U.S.C. § 30307
What governs wages and the wage penalty? 46 U.S.C. § 10313
What governs accommodations? 46 U.S.C. § 11101
What permits limitation of liability? 46 U.S.C. § 30501, 46 U.S.C. § 30505, 46 U.S.C. § 30511
What is the harbor workers' exclusivity and vessel action? 33 U.S.C. § 905
Where is admiralty jurisdiction and the savings clause? 28 U.S.C. § 1333
Where are documentation and manning regulations? 46 C.F.R. Part 10, 46 C.F.R. Part 15
Where is harbor workers' claims procedure? 20 C.F.R. Part 702

Case anchors. Status: Chandris, Inc. v. Latsis, McDermott International, Inc. v. Wilander, Harbor Tug & Barge Co. v. Papai, Stewart v. Dutra Construction Co., Lozman v. City of Riviera Beach. Cure: Vaughan v. Atkinson, Aguilar v. Standard Oil Co. of NJ, Warren v. United States, Calmar Steamship Corp. v. Taylor, Farrell v. United States, Atlantic Sounding Co. v. Townsend. Negligence and unseaworthiness: CSX Transportation, Inc. v. McBride, Kernan v. American Dredging Co., Norfolk Southern Railway Co. v. Sorrell, Consolidated Rail Corporation v. Gottshall, Mitchell v. Trawler Racer, Inc., Usner v. Luckenbach Overseas Corp., The Dutra Group v. Batterton. Death and damages: Miles v. Apex Marine Corp., Norfolk Shipbuilding & Drydock Corp. v. Garris, Yamaha Motor Corp., USA v. Calhoun, Exxon Shipping Co. v. Baker, Air & Liquid Systems Corp. v. DeVries. Jurisdiction: Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., Sisson v. Ruby, American Dredging Co. v. Miller.

Tool 1: Seaman status worksheet

Worker: ___ Employer: ___ Period of employment: ___ Date of injury: ___

Part one — duties

Question Answer Evidence
What were the worker's duties? job description, assignments
Did they contribute to the function of the vessel or the accomplishment of its mission? McDermott International, Inc. v. Wilander — no navigation requirement

Part two — connection

Vessel Owner Dates aboard Days In navigation? Common ownership or control with others listed?
Totals
Computation Value
Total days of employment
Days in service of vessels in navigation
Percentage
Approximately 30% guideline met?
Substantial in nature — regularly exposed to the perils of the sea?

Part three — vessel determination

Question Answer
Used, or capable of being used, as a means of transportation on water? (Stewart v. Dutra Construction Co.)
Self-propulsion? Rudder? Capacity to carry people or things over water? (Lozman v. City of Riviera Beach)
Withdrawn from navigation for major overhaul or under construction?

Conclusion. Seaman / harbor worker (33 U.S.C. § 905) / land-based. Basis: ___

Reminder. Status is determined on the employment as a whole, not the activity at the moment of injury.

Tool 2: Maintenance and cure demand letter

[Date] [Vessel owner / employer] Re: [Seaman], injured [date] aboard [vessel] — Demand for maintenance, cure, and unearned wages

[Seaman] was injured on [date] while in the service of [vessel]. Maintenance and cure are owed without regard to fault, and doubts in the application of the doctrine are resolved in the seaman's favor.

1. Maintenance. [Seaman]'s actual food and lodging expense is $[__] per day, documented in the attached schedule with supporting records (lease or mortgage statement, utility bills, and food receipts). [Or: The applicable collective bargaining rate is $[__] per day.] Payment is demanded from [date of injury], and weekly thereafter until maximum medical improvement.

2. Cure. All necessary medical, surgical, hospital, and nursing care, transportation to treatment, and prescriptions. The treating physician is [name], whose records are attached. Please confirm authorization and direct payment.

3. Unearned wages. Wages to the end of the voyage or contractual period, computed at $[__].

4. Notice. [Seaman] will hold [owner] responsible for all consequences of any failure to pay, including damages for any aggravation of the condition, attorney fees, and punitive damages for willful and wanton failure to pay.

Please confirm in writing within [10] days the rate to be paid, the date payments will begin, and the medical provider authorized.

Why the documentation schedule matters. For an unrepresented seaman the maintenance rate is proved with actual expenses. A demand without receipts produces a default figure; a demand with them produces the real number.

Tool 3: Maintenance rate documentation schedule

Category Monthly Daily Supporting document
Rent or mortgage principal and interest lease / statement
Property taxes and insurance (if owner) statements
Electricity bills, 3 months
Gas / heating bills, 3 months
Water and sewer bills
Food receipts, 3 months
Total

Notes. Circuits differ on the treatment of a home owned outright and on utilities. Document everything and let the tribunal apply its rule. Compare the result to the collective bargaining rate if one applies. Retain three months of records; a single month invites an argument about typicality.

Tool 4: Payment and denial log

The punitive damages case is built from this document.

# Date Payment made? Amount Period covered Rate applied Communication (from/to, summary) Release requested?
1

Termination record

Item Entry
Date cure terminated
Stated basis
Examination or paper review?
Physician who made the determination
Treating physician's contrary opinion? Date?
Was the seaman notified in writing?
Was a release requested in connection with payment?
Was any investigation conducted before denial?

Why each row matters. Atlantic Sounding Co. v. Townsend makes punitive damages available for willful and wanton failure to pay. Vaughan v. Atkinson makes attorney fees available for callous refusal. The conduct that supports both is recorded here.

Tool 5: Accident report standard

Required contents.

  1. Date, time, location aboard, and weather and sea conditions.
  2. What the injured person was doing, on whose instruction, and with what equipment.
  3. The physical condition of the area and the equipment, described factually.
  4. Names of all witnesses and their positions.
  5. What was said by the injured person, verbatim where possible.
  6. Actions taken: medical care provided, area secured, equipment preserved.
  7. Photographs taken, by whom, and where stored.
  8. Notifications made.

Prohibited contents.

  • Conclusions about fault.
  • Speculation about causes.
  • Characterizations of the injured person's conduct.
  • Legal conclusions of any kind.

Why the standard is written this way. This document will be quoted at trial three years from now. A factual report helps the owner; a report containing conclusions helps whoever the conclusions favor, which is rarely the owner.

Tool 6: Evidence preservation instruction

To: Master, chief engineer, port captain, operations, safety, human resources Re: Preservation — incident aboard [vessel], [date]

Preserve, unaltered, until further notice:

  • Deck, engine, and official logs for [period]
  • Maintenance and repair records for the equipment and area involved, for [period]
  • Inspection reports, including class and regulatory inspections
  • All prior complaints, work orders, or reports concerning the same condition or area
  • Job hazard analyses and safety meeting minutes
  • Crew lists, certificates, and training records
  • Manning documents and the certificate of inspection (see 46 C.F.R. Part 15) and documentation records (see 46 C.F.R. Part 10)
  • Photographs and video of the area — take them now if none exist
  • The equipment itself, preserved unaltered and out of service if practicable
  • Payroll and assignment records for the injured person's entire employment
  • All communications about the incident

Suspend automatic deletion for all custodians. Preserve exculpatory records with equal care — the maintenance history that shows the vessel was fit is the owner's best evidence, and it is lost on the same schedule as everything else.

Tool 7: Cure payment protocol

Policy. Maintenance and cure shall be paid promptly upon report of an injury or illness arising in the service of the vessel, without regard to fault, and shall continue until maximum medical improvement is determined in accordance with this protocol.

Rate. For represented seamen, the collective bargaining rate. For unrepresented seamen, [named person] shall request documentation of actual food and lodging expense within [3] days and shall set a reasonable rate based on that documentation. No undocumented default rate shall be applied.

Timing. First payment within [7] days of report; weekly thereafter.

Cure. All necessary medical, surgical, hospital, and nursing care, transportation, and prescriptions, authorized within [3] days of request.

Absolute prohibitions.

  • No payment shall be conditioned on a release, statement, or waiver of any kind.
  • No termination without a completed Cure Termination Memorandum (Tool 8).
  • No denial without a documented investigation.

Escalation. Any proposed denial or termination is reviewed by [counsel] before communication to the seaman.

Tool 8: Cure termination memorandum

Complete in full before any termination. Each blank is a willfulness fact at trial.

Item Entry
Seaman
Date of injury and condition
Payments made to date (attach ledger)
Basis for termination
Examination performed? By whom? Date?
Or paper review only? (If so, stop and obtain an examination.)
Treating physician identified
Treating physician's records obtained? Date?
Treating physician's opinion on maximum medical improvement
Conflict between physicians? If so, how resolved
Is further recommended treatment curative or palliative?
Written notice to the seaman, with the basis stated? Date?
Has any release been requested? (If yes, stop.)
Reviewed by counsel? Date?

Governing authority. The obligation ends at maximum medical improvement, per Calmar Steamship Corp. v. Taylor and Farrell v. United States. Doubts are resolved for the seaman, per Vaughan v. Atkinson. Willful and wanton refusal exposes the owner to punitive damages, per Atlantic Sounding Co. v. Townsend.

Tool 9: Concealment defense analysis

Element Required showing Evidence Satisfied?
1. Intentional concealment or misrepresentation The seaman concealed or misrepresented a material medical fact pre-employment questionnaire or examination record, signed
2. Materiality to the hiring decision The employer would not have hired, or would have hired on different terms hiring standards, testimony of the hiring decision-maker, comparable applicant treatment
3. Causal link Connection between the concealed condition and the present injury medical opinion

Decision rule. All three, or do not assert the defense. An unsupported assertion is among the most reliable routes to a willfulness finding and a punitive award.

Before asserting, confirm:

  • [ ] The questionnaire exists and is signed.
  • [ ] The employer actually relies on medical disclosures in hiring — as a practice, not in theory.
  • [ ] A physician will opine on the causal link.
  • [ ] Payment continues while the defense is evaluated.

Tool 10: Unseaworthiness — condition versus act

Question Answer Support
What specifically is alleged to be unseaworthy?
Is it a condition of the vessel, gear, or appurtenance? Mitchell v. Trawler Racer, Inc.
Or a single negligent act by a crew member, with no defective condition? Usner v. Luckenbach Overseas Corp.
If a method of work: was the method itself unsafe, or was this one performance of a safe method?
Was the crew insufficient in number for the task? manning certificate, 46 C.F.R. Part 15
Was the crew incompetent? training records, certifications, prior incidents
Were there prior complaints about the same condition? work orders, logs
Was the condition transitory? (Still actionable.)
Did the owner have notice? (Irrelevant — liability does not depend on notice or diligence.)

Note on damages. Punitive damages are not available for unseaworthiness after The Dutra Group v. Batterton. They remain available for willful failure to pay cure.

Tool 11: Damages accounting

Category Amount Theory Notes
Maintenance owed (rate × days) cure
Cure — medical expense cure
Unearned wages cure
Wage penalty (46 U.S.C. § 10313) separate often overlooked
Aggravation from non-payment cure consequential
Attorney fees (callous refusal) cure Vaughan v. Atkinson
Punitive (willful non-payment) cure only Atlantic Sounding Co. v. Townsend; ratio per Exxon Shipping Co. v. Baker
Past lost earnings Jones Act / unseaworthiness
Future lost earning capacity Jones Act / unseaworthiness
Past and future medical Jones Act / unseaworthiness
Pain and suffering Jones Act / unseaworthiness
Less: comparative fault % Jones Act, 45 U.S.C. § 53 no reduction if safety statute violated
Less: set-off for maintenance and cure paid credit against same items
Net

In death cases, confirm the applicable regime first: 46 U.S.C. § 30302 on the high seas; Miles v. Apex Marine Corp. excluding loss of society and lost future earnings for a seaman under general maritime law; Norfolk Shipbuilding & Drydock Corp. v. Garris for a harbor worker; Yamaha Motor Corp., USA v. Calhoun preserving state remedies for a non-seafarer in territorial waters.

Tool 12: Limitation of liability tracker

Item Entry
Date of written notice of claim (starts the filing period)
Filing deadline under 46 U.S.C. § 30501
Vessel value (appraisal obtained?)
Pending freight
Fund amount
Security posted under 46 U.S.C. § 30511
Privity or knowledge analysis under 46 U.S.C. § 30505
— Did managing or supervisory personnel know of the condition?
— Should they have known through reasonable diligence?
— Prior complaints about the same condition?
Other proceedings enjoined?
Claimants filing in the concursus
Any claimant stipulation preserving a jury?

Owner's warning. The period runs from written notice of a claim, not from suit. Calendar it the day any written claim arrives.

Claimant's note. Limitation removes the jury and consolidates claims. A single-claimant stipulation — conceding the owner's right to litigate limitation in the federal action and the adequacy of the fund — can preserve a jury trial on liability and damages elsewhere.

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