General Maritime Law

Before the Jones Act, the General Maritime Law came from court decisions handed down through the years as judges determined the rights of seamen. A ship owner’s duty to provide a seaworthy vessel and a seaman’s right to receive maintenance, cure and unearned wages are among the developments of general maritime law.

A vessel owner has an obligation to exercise due diligence to make his vessel seaworthy and to properly man, equip, and supply the vessel.  This obligation is viewed by the courts as an absolute duty owed to the seamen in service to the vessel.  If a seaman is injured or becomes ill as a result of the vessel’s unseaworthiness, the owner is liable to the seaman for his damages or loss.

General maritime law continues to play a vital role for injured seamen.  Every seaman who becomes sick or injured during the course of his employment, regardless of fault of his employer, crewmembers, or the owner or operator of the vessel, is entitled to his maintenance and cure.  The courts agree that these duties arise out of the context of the employment relationship and do not require the existence of any negligence or fault of the vessel.

When a seaman becomes ill or injured during the course of his employment, he is entitled to receive his full wages for the course of the voyage during which the illness or injury occurred.  In some instances, it is difficult to define the “voyage” for the purpose of calculating unearned wages.  In some circumstances the unearned wages are based on the schedule that the seaman worked.  If the seaman has an employment contract the terms of the contract will determine the amount of unearned wages to be paid.

Maintenance and cure benefits are owed to the seaman until he is fit for duty or until he reaches maximum medical improvement (MMI).  Maintenance benefits are intended to provide for the injured seaman’s reasonable room and board while ashore.  The cure benefits include all reasonable medical expenses incurred by the seaman for treatment.

Many employers limit the benefits they provide for maintenance and cure.  For instance, some companies pay old maintenance rates ranging from $15 - $35 per day claiming that the rate is based on the value of room and board provided on the vessel.  In other cases, companies try to limit the cure benefits by picking and choosing which medical treatments they will cover.

The U.S. Supreme Court has ruled that the duty to provide maintenance and cure should be broad and inclusive.  Any doubts as to entitlement of maintenance and cure should be resolved in favor of the seaman.  Lower courts have decided that maintenance benefits must be sufficient to cover the basic necessities of the seaman, which have been held to include food, rent, electricity, phone and transportation.

If you were injured in the service of a vessel and your employer is wrongfully trying to limit your benefits, you should seek the advice of legal counsel.

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