Maintenance and Cure Lawyer

Maintenance and cure is one of the oldest doctrines in American law — older than the United States itself. When a seaman is injured or becomes ill while in the service of a vessel, the vessel owner must pay “maintenance” (daily living expenses) and “cure” (medical treatment) until the seaman reaches maximum medical improvement, regardless of fault. A maintenance and cure lawyer at McFarlane Law makes sure Texas seamen receive the full value of this ancient right — and pursues punitive damages when employers willfully or arbitrarily refuse or underpay.

What Maintenance Covers (and the Common Shortfalls)

Maintenance is a daily stipend to cover the seaman’s reasonable food and lodging ashore during recovery. Decades ago, courts set maintenance rates as low as $8 per day; today, the prevailing rate in Texas and Fifth Circuit cases is typically between $25 and $45 per day, though higher rates are awarded when supported by evidence. Many employers pay the old low rate by default, forcing seamen to litigate for a reasonable amount. McFarlane Law gathers the seaman’s actual expense documentation — rent, utilities, groceries — and demands a rate that reflects real-world costs in the seaman’s home area. If your employer is paying you $15–$20 per day in maintenance, you are almost certainly being shortchanged.

What Cure Covers and the “Maximum Medical Improvement” Fight

Cure covers all reasonable and necessary medical expenses — doctor visits, surgery, hospitalization, prescription medications, physical therapy, prosthetics, and home health care — until the seaman reaches maximum medical improvement (MMI). MMI is the point at which further treatment would no longer produce meaningful improvement. Employers routinely try to cut off cure as soon as a company doctor declares MMI, even when the treating physician disagrees. Seamen have the right to their own doctor, and the law resolves doubt in favor of continuing cure. McFarlane Law regularly secures extensions of cure, challenges premature MMI findings, and uses the threat of punitive damages to keep employers paying.

Punitive Damages for Arbitrary Denial

In the landmark Supreme Court decision Atlantic Sounding Co. v. Townsend (2009), the Court confirmed that seamen may recover punitive damages from an employer who willfully and arbitrarily refuses to pay maintenance and cure. That means a seaman whose maintenance check is cut off without basis, whose cure is terminated despite clear medical need, or whose claim is delayed by gamesmanship can demand not only the back-owed benefits but also attorney’s fees and a punitive award designed to punish the employer and deter future misconduct. Fifth Circuit cases have affirmed substantial punitive awards in egregious cases. Our firm does not hesitate to plead and prove punitive damages when an employer treats its seamen as budget line items.

Maintenance and Cure Is Independent of Jones Act Claims

One of the most misunderstood points in maritime law is that maintenance and cure is independent of any negligence or unseaworthiness claim. A seaman who was entirely at fault for the injury is still entitled to maintenance and cure. A seaman who cannot prove Jones Act negligence still collects M&C. A seaman who already has a Jones Act settlement is still entitled to cure for conditions related to the original injury. McFarlane Law ensures that the maintenance and cure claim is fully prosecuted alongside — not in competition with — the Jones Act negligence and unseaworthiness claims. Each is a separate cause of action with its own measure of damages, and all three can be pursued in the same lawsuit.

Related Practice Areas

Related: Texas Jones Act lawyer, unseaworthy vessel lawyer Texas, Texas LHWCA lawyer, Texas offshore injury lawyer. Hub: Texas maritime injury lawyer.

Talk to a Texas Injury Lawyer Today

If your employer has cut off your maintenance or cure — or is paying an unreasonably low daily rate — call McFarlane Law today. Free review of your benefits and Jones Act claim. Austin (512) 222-4900, Odessa (432) 803-5000.