Maintenance and cure estimator

Estimates only. Maintenance rates vary by jurisdiction and individual circumstances. Courts may award higher or lower amounts than this calculator estimates. Always consult a licensed maritime attorney. See our full disclaimer.

Maintenance and cure calculator

Monthly rent or mortgage payment ($) Maintenance covers your actual living expenses. Courts use your real costs, not a flat rate.

Monthly food expenses ($)

Monthly utilities ($)

Days since injury (receiving or entitled to maintenance)

Is your employer currently paying maintenance?

What rate is your employer paying ($/day, if any)? Leave blank or enter 0 if employer is not paying maintenance.

Have you reached maximum medical improvement (MMI)?

Your maintenance and cure estimate

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What is maintenance and cure?

Maintenance and cure is a no-fault remedy owed to every injured seaman under general maritime law. It exists completely independently of the Jones Act negligence claim - meaning you're entitled to it regardless of who caused the injury, even if it was entirely your own fault.

Maintenance is the daily living allowance your employer pays from the day you're injured until you reach maximum medical improvement (MMI). Cure covers all reasonable medical expenses related to the injury. Neither has a statutory cap.

How the maintenance rate is set

Courts determine maintenance based on your actual daily living expenses at home: rent or mortgage, food, and utilities. The old flat-rate approach of $8 to $15 per day is largely obsolete - modern courts regularly award $35 to $100 per day or more based on real-world costs. If your employer is paying a low flat rate that doesn't cover your actual expenses, you can challenge it.

Punitive damages for withholding maintenance

An employer who willfully and wantonly refuses to pay maintenance and cure faces punitive damages on top of the unpaid amounts. The U.S. Supreme Court confirmed this in Atlantic Sounding Co. v. Townsend (2009). If your employer stopped paying, is low-balling your rate, or declared MMI prematurely, those actions can significantly increase your total recovery. Use the Jones Act claim evaluator to assess your full claim alongside maintenance and cure.

When maintenance ends

Maintenance ends when you reach maximum medical improvement - the point where further treatment won't improve your condition. MMI is a medical determination, but employers sometimes declare it prematurely to cut off benefits. If you disagree with an MMI determination, your attorney can challenge it through an independent medical examination (IME).

Frequently asked questions

No. Maintenance and cure is completely no-fault. You're entitled to it as long as you're a seaman who became ill or injured while in service of a vessel - even if you caused the injury yourself. The only exception is if the injury resulted from your own willful misconduct or intoxication.

Technically yes, but you can dispute the MMI determination. Employers sometimes declare MMI prematurely to cut costs. If you dispute MMI, your attorney can obtain an independent medical examination. If the court finds the employer wrongfully terminated maintenance, you can recover all withheld amounts plus attorney's fees and potentially punitive damages.

An employer who willfully refuses to pay maintenance faces punitive damages. Courts have awarded substantial punitive damage amounts in cases where employers acted in bad faith. Document every refusal, every low payment, and every communication from your employer about maintenance. Tell your attorney immediately - the paper trail is critical.

Maintenance and cure is separate from your Jones Act negligence claim and unseaworthiness claim. Receiving maintenance doesn't waive your right to sue. In fact, your attorney typically pursues all 3 remedies simultaneously. Maintenance payments made by your employer may be credited against your Jones Act recovery for lost wages, but that's accounted for in the final settlement calculation.

No. Cure covers all reasonable and necessary medical treatment, not just treatment the employer pre-approves. You can see your own treating physician. If your employer refuses to pay for reasonable treatment, that's a wrongful withholding of cure and can result in punitive damages. Keep records of all treatment and all communications from your employer about medical coverage.