Ship Lawyer Maintenance and Cure Rights

Question 1

What is the historical origin of the seaman's right to maintenance and cure?

Accepted Answer

Ancient maritime custom codified in the Oleron Rolls

Answer

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?

Accepted Answer

When the seaman reaches maximum medical improvement (MMI)

Answer

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?

Accepted Answer

The rate varies and is set by contract, custom, or court decree

Answer

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?

Accepted Answer

Yes, if vessel service aggravated the pre-existing condition

Answer

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?

Accepted Answer

That they were injured or became ill while in service of the vessel

Answer

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.

Ship Lawyer Practice Test

Ship Lawyer Practice Test

Ship Lawyer Maintenance and Cure Rights