Ship Lawyer Maintenance and Cure Rights 1 — Questions and Answers
Question 1: What is the historical origin of the seaman's right to maintenance and cure?
- Ancient maritime custom codified in the Oleron Rolls (Correct answer)
- The Jones Act of 1920
- The Merchant Marine Act of 1936
- British Admiralty Court decisions
Correct answer: Ancient maritime custom codified in the Oleron Rolls
The right to maintenance and cure traces back to the medieval Rolls of Oleron, a 12th-century maritime code, and has been recognized in U.S. law since the earliest admiralty decisions.
Question 2: At what point does a shipowner's obligation to pay cure terminate?
- When the seaman reaches maximum medical improvement (MMI) (Correct answer)
- When the voyage ends
- After 1 year of treatment
- When the seaman returns to work
Correct answer: When the seaman reaches maximum medical improvement (MMI)
The obligation to pay cure continues until the seaman reaches maximum medical improvement, the point at which further treatment will not improve the condition.
Question 3: What daily maintenance rate is typically paid to an injured seaman, and how is it determined?
- The rate varies and is set by contract, custom, or court decree (Correct answer)
- Always $35 per day by federal regulation
- Equal to the seaman's daily wage
- $100 per day mandated by the Jones Act
Correct answer: The rate varies and is set by contract, custom, or court decree
Maintenance rates are not fixed by statute and vary based on the seaman's actual living expenses, collective bargaining agreements, or court-determined reasonable amounts.
Question 4: Can a seaman recover maintenance and cure for an illness that pre-existed employment if the vessel's service aggravated the condition?
- Yes, if vessel service aggravated the pre-existing condition (Correct answer)
- No, pre-existing conditions are always excluded
- Only if the condition was disclosed at hiring
- Only for injuries, not illnesses
Correct answer: Yes, if vessel service aggravated the pre-existing condition
A seaman may recover maintenance and cure for a pre-existing condition if service aboard the vessel aggravated, activated, or accelerated the condition.
Question 5: What must a seaman prove to establish entitlement to maintenance and cure?
- That they were injured or became ill while in service of the vessel (Correct answer)
- That the employer was negligent
- That the vessel was unseaworthy
- Both negligence and unseaworthiness
Correct answer: That they were injured or became ill while in service of the vessel
Maintenance and cure is a no-fault remedy — the seaman need only show they became ill or were injured while in the service of the vessel, without proving employer negligence.
Question 6: What penalty can a shipowner face for arbitrarily refusing to pay maintenance and cure?
- Compensatory damages plus attorney's fees and possibly punitive damages (Correct answer)
- Only the owed maintenance amount
- A civil fine from the Coast Guard
- Criminal prosecution under maritime law
Correct answer: Compensatory damages plus attorney's fees and possibly punitive damages
An employer who arbitrarily or willfully refuses to pay maintenance and cure may be liable for compensatory damages, attorney's fees, and punitive damages.
Ship Lawyer Maintenance and Cure Rights 1
What is the historical origin of the seaman's right to maintenance and cure?