What Happens When a Seafarer’s Injury Leads to a Permanent Disability? Maintenance and Cure: Long-Term

For those working at sea, injuries are not just a risk—they're a reality. Seafarers face challenging conditions every day, from unpredictable weather to demanding physical labor. When an injury happens, the hope is for a full recovery. But what if that doesn’t happen? What if an injury results in a permanent disability that changes the course of a career—and a life? If you or a loved one in San Leandro, California, have suffered a serious maritime injury, understanding your rights under maintenance and cure is essential.
 

What is Maintenance and Cure?

Maintenance and cure is a fundamental right for injured seafarers. It ensures that:

• Maintenance covers daily living expenses, such as rent, utilities, and food, while the seafarer recovers.

• Cure covers necessary medical expenses until the individual reaches "maximum medical improvement" (MMI), meaning their condition won’t improve with further treatment.
   

These benefits apply regardless of who was at fault for the injury. However, when a seafarer’s injury results in permanent disability, maintenance and cure alone may not be enough.
 

What If the Injury Results in Permanent Disability?

Once a seafarer reaches MMI, maintenance and cure payments stop—even if they are still unable to return to work. This creates a difficult situation for those who can no longer earn a living at sea. When permanent disability occurs, additional legal options may come into play:
 

The Jones Act and Additional Compensation

The Jones Act allows injured seafarers to sue their employer for negligence. If an employer’s failure to maintain a safe working environment contributed to the injury, the seafarer may be entitled to:

• Lost wages (past and future)

• Medical expenses (ongoing and future care)

• Pain and suffering

• Vocational retraining, if applicable
   

Unlike maintenance and cure, which only provides basic support, a Jones Act claim can offer significant compensation to help sustain a seafarer’s long-term financial stability.
 

The Longshore and Harbor Workers' Compensation Act (LHWCA)

For maritime workers who don’t qualify under the Jones Act, the LHWCA may offer benefits. It covers certain injuries for longshoremen, dockworkers, and others involved in maritime operations but not classified as "seafarers." These benefits include permanent disability compensation and medical care.
 

Unseaworthiness Claims

If the vessel was not properly maintained, had faulty equipment, or lacked adequate safety measures, a seafarer may also have grounds to file an unseaworthiness claim against the vessel owner. This can provide additional financial recovery beyond maintenance and cure.
 

What Should You Do If You’re Facing Permanent Disability?

If you’ve suffered a life-altering maritime injury, you don’t have to navigate this alone. Employers and insurance companies may attempt to minimize their financial responsibility, but that doesn’t mean you should accept less than what you deserve.
 

At The Law Offices of Daniel Weltin, we fight for injured seafarers in San Leandro and throughout California. We understand the complexities of maritime law and will help you pursue the full compensation you’re entitled to under the law.
 

If you or a loved one has suffered a serious maritime injury, don’t wait. Contact The Law Offices of Daniel Weltin for a free consultation. Let’s discuss your case and explore the best path forward for your long-term security. Visit our office in San Leandro, California, or call (510) 319-1904 to schedule an appointment today.