Immediate Action: If you are receiving $30 or $40 a day for “maintenance,” you are likely being underpaid. Do not sign any agreement stating this rate is final.
If you are a seaman injured on the job, you are entitled to “Maintenance and Cure.” This is the most basic, ancient right in maritime law. Yet, it is also the area where companies cheat their workers the most.
Almost every client who walks into my office tells me the same story: “They are paying my medical bills, and sending me $40 a day for food.”
In 2025, $40 a day is not just low—it is legally insufficient. Here is how we fight to double or triple that rate.
What is “Maintenance” Really?
Maintenance is not a wage replacement. It is a subsistence allowance. It is designed to pay for the room and board you would have received if you were still on the ship.
Because you are injured and at home, the company must pay for the “shoreside equivalent” of that room and board. This includes:
- Your Mortgage or Rent (pro-rated)
- Property Taxes & Homeowners Insurance
- Utilities (Electricity, Gas, Water)
- Groceries and Food
The company pays you $40/day because that was the standard rate in the 1980s. They hope you don’t know that the law allows you to demand your actual expenses.
How We Increase Your Rate
We do not accept the company’s flat rate. Instead, we perform a “living expense audit.” We gather your bills and prove that it costs you $75, $85, or even $100 a day to maintain your household.
Case Study: In a recent case, a client was receiving $35/day. We submitted evidence of his rent and high utility costs in the winter. The court forced the company to raise his maintenance to $82/day and pay the retroactive difference. Over a 10-month recovery, that was an extra $14,100 in his pocket.
“Cure” and the Trap of the Company Doctor
“Cure” means the company must pay your medical bills until you reach Maximum Medical Improvement (MMI).
The Trap: The company will send you to their doctor. This doctor’s job is often to declare you “reached MMI” as quickly as possible so the company can stop paying. Once a doctor writes “MMI” in your file, your maintenance checks stop.
You have the right to choose your own doctor. Never rely solely on the company’s physician for your diagnosis or your recovery timeline.
Punitive Damages for Refusal
If a company “willfully and callously” fails to pay proper maintenance and cure—for example, by ignoring your real bills and sticking to a $30 rate—they can be sued for punitive damages and attorney fees. This is a powerful lever we use to force them to treat you fairly.
Need a maintenance rate review? Contact John Wolf today. We often handle these reviews as part of your broader Jones Act claim.