Free Consultation
(956) 232-3089
Maritime Law,Offshore Injuries /
April 7, 2026

What If Your Offshore Employer Refuses to Pay Maintenance and Cure?

Michael Darling
Share to Social

An offshore injury can change your life in an instant. One moment you are working on a vessel or offshore platform, and the next you are dealing with pain, uncertainty, and time away from work. As medical treatment begins and the reality of lost income sets in, many injured workers rely on maintenance and cure to stay financially afloat. When those payments are delayed or denied, the situation can quickly become overwhelming.

At Offshore Accident Attorney, our maritime attorneys have helped injured seamen navigate exactly this situation. We understand the stress that comes with unpaid medical bills and missing income, and we know how aggressively some employers try to avoid paying what they owe. 

If your maintenance and cure benefits have been delayed, reduced, or denied, call (956) 232-3089 to speak with a maritime attorney who can help you protect your rights and take the next step forward.

What Maintenance and Cure Is Supposed to Cover

Maintenance and cure is one of the oldest and most important protections under maritime law. It is designed to ensure that injured seamen receive both financial support and medical care while recovering from an offshore injury or illness that occurred in the service of a vessel.

Maintenance is intended to cover your basic daily living expenses while you are unable to work. This is not a full wage replacement, but it should be enough to reasonably cover necessities such as housing and food.

Typical maintenance expenses include:

Cure refers to the employer’s obligation to pay for all necessary and reasonable medical treatment related to your injury.

This includes:

These benefits must continue until you reach maximum medical improvement. This means the point at which your condition has stabilized and further treatment is not expected to significantly improve your health.

One of the most important aspects of maintenance and cure is that it is owed regardless of fault. Even if an employer believes you contributed to your injury, they are still required to provide these benefits. When they fail to do so, it may be a violation of maritime law.

If you are not receiving the support you need to recover, call our maritime law attorneys at (956) 232-3089 to discuss your situation.

Warning Signs That a Denial or Delay May Be Illegal

After an offshore injury, maintenance and cure payments should begin promptly and continue consistently. When that does not happen, it can be a sign that your employer is not meeting their legal obligations.

Some delays may be caused by administrative issues, but others are more serious and may indicate unlawful conduct.

Common warning signs include:

In many cases, injured workers are left trying to manage their recovery while also dealing with financial stress and uncertainty. This is not how the system is supposed to work.

Maritime law places the burden on the employer to act promptly and fairly. When they fail to do so, you may have the right to take legal action.

Common Employer Tactics Used to Avoid Paying Benefits

Employers and insurance companies often have significant financial incentives to limit what they pay on maritime injury claims. As a result, some use strategies designed to delay, reduce, or deny maintenance and cure benefits.

Some of the most common tactics include:

  1. Disputing whether the injury is work-related: Employers may argue that your injury happened off duty or was caused by a pre-existing condition. These arguments are often raised even when there is clear evidence linking the injury to your work.
  2. Directing you to company-selected doctors: These doctors may downplay the severity of your injury or prematurely conclude that you have reached maximum medical improvement. This can be used to justify cutting off benefits early.
  3. Offering unreasonably low maintenance payments: Some employers provide a flat daily rate that does not come close to covering your actual living expenses.
  4. Creating unnecessary delays: Requests for excessive documentation, slow responses, and administrative hurdles can drag out the process and create financial pressure on injured workers.
  5. Terminating benefits without proper justification: Payments may stop abruptly, leaving you without income or medical support while you are still recovering.

These tactics can place injured workers in a difficult position, especially when they are focused on healing. If you suspect your employer is acting unfairly, it is important to take action quickly.

Call us today to speak with an Offshore Accident maritime attorney who can help you address these issues.

How Courts Treat Bad-Faith Denial of Maintenance and Cure

Courts have long recognized that seamen are entitled to special protections under maritime law. Because of this, employers who fail to pay maintenance and cure without a valid reason can face serious consequences.

When a court determines that an employer acted unreasonably or in bad faith, the injured worker may be entitled to more than just the unpaid benefits.

Additional compensation may include:

Punitive damages can be significant, particularly in cases where the employer knowingly ignored their obligations or attempted to avoid payment without justification. This legal framework exists to ensure that injured seamen are treated fairly and that employers are held accountable when they are not.

If your employer has denied your benefits and you believe it was unjustified, call (956) 232-3089 to discuss your options.

When an Injured Seaman Should File a Maritime Claim

Not every dispute over maintenance and cure requires a lawsuit, but there are situations where legal action becomes necessary.

You should consider filing a maritime claim if:

In many cases, a maintenance and cure dispute is only one part of a larger legal claim. Injured seamen may also have the right to pursue compensation under the Jones Act or general maritime law if employer negligence or unsafe conditions contributed to the injury.

Taking action early can help preserve evidence, protect your claim, and improve your chances of recovering full compensation.

Why Speaking With a Maritime Attorney Can Protect Your Rights

The period following an offshore injury is often when employers and insurers begin taking steps to protect their own interests. Unfortunately, this can leave injured workers at a disadvantage if they do not fully understand their rights.

Speaking with a maritime attorney early in the process can help ensure that your claim is handled properly from the beginning.

An experienced attorney can:

Having legal representation can also reduce the stress of dealing with your employer and their insurance company while you focus on recovery.

At Offshore Accident Attorney, we represent injured offshore workers and understand the unique challenges they face. If your employer has refused to pay maintenance and cure or you believe your benefits are being mishandled, contact Offshore Accident Attorneys at (956) 232-3089 today to speak with a maritime attorney.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with expert guidance.
Related Posts
04/07/2026
What Happens After an Offshore Accident: Medical Care, Rights, and Compensation
04/07/2026
My Employer Says My Offshore Injury Was My Fault — Can I Still File a Claim?
03/09/2026
Can I Sue After an Offshore Accident Caused by Faulty Equipment?
We Put People First.
They put profits first—we put people first. Whether you're a commercial fisherman,
crew member, or grieving family, we fight for you like you're one of our own.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.