What Is 'Maintenance and Cure' for an Injured Texas Seaman & Can You Get Punitive Damages If the Company Cuts It Off?
Direct Answer Under Texas Law
Under General Maritime Law, the moment a Jones Act seaman is injured or falls ill while in the service of the vessel—completely regardless of fault—the maritime employer owes an absolute, non-delegable duty to pay: (1) 'Maintenance' (a daily living stipend covering rent/mortgage, utilities, and food), AND (2) 'Cure' (100% of all reasonable medical, surgical, and rehabilitation expenses with a doctor of the SEAMAN'S OWN CHOOSING!) until the seaman reaches Maximum Medical Improvement (MMI).
Critical Texas Procedural Trap to Watch Out For
Under the U.S. Supreme Court's blockbuster ruling in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), if a maritime employer arbitrarily, willfully, or callously refuses to pay Maintenance and Cure (or refuses to authorize a spine surgery recommended by your treating physician based on a company doctor's paper review), the seaman can recover PUNITIVE DAMAGES and attorney's fees against the employer just for withholding Maintenance and Cure!
Recommended Action Plan for Texas Claimants
Note that you have the absolute right to choose your own treating orthopedic or neurosurgeon for Cure—you do NOT have to let the boat company's 'company doctor' perform your surgery!
Detailed Texas Statutory & Case Law Breakdown
Under General Maritime Law (Maintenance & Cure); Atlantic Sounding Punitive Damages Rule and controlling Texas appellate precedent in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009); Vaughan v. Atkinson, 369 U.S. 527 (1962), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of General Maritime Law (Maintenance & Cure); Atlantic Sounding Punitive Damages Rule and how Texas courts apply Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009); Vaughan v. Atkinson, 369 U.S. 527 (1962) in your county's appellate district.
- Beware of the Texas Procedural Trap: Under the U.S. Supreme Court's blockbuster ruling in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), if a maritime employer arbitrarily, willfully, or callously refuses to pay Maintenance and Cure (or refuses to authorize a spine surgery recommended by your treating physician based on a company doctor's paper review), the seaman can recover PUNITIVE DAMAGES and attorney's fees against the employer just for withholding Maintenance and Cure!
- Execute the Texas Action Plan: Note that you have the absolute right to choose your own treating orthopedic or neurosurgeon for Cure—you do NOT have to let the boat company's 'company doctor' perform your surgery!
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is 'Maintenance and Cure' for an Injured Texas Seaman & Can You Get Punitive Damages If the Company Cuts It Off?
Under General Maritime Law, the moment a Jones Act seaman is injured or falls ill while in the service of the vessel—completely regardless of fault—the maritime employer owes an absolute, non-delegable duty to pay: (1) 'Maintenance' (a daily living stipend covering rent/mortgage, utilities, and food), AND (2) 'Cure' (100% of all reasonable medical, surgical, and rehabilitation expenses with a doctor of the SEAMAN'S OWN CHOOSING!) until the seaman reaches Maximum Medical Improvement (MMI). Key Texas Trap to Avoid: Under the U.S. Supreme Court's blockbuster ruling in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), if a maritime employer arbitrarily, willfully, or callously refuses to pay Maintenance and Cure (or refuses to authorize a spine surgery recommended by your treating physician based on a company doctor's paper review), the seaman can recover PUNITIVE DAMAGES and attorney's fees against the employer just for withholding Maintenance and Cure!
What Texas statute and Supreme Court / appellate precedent control maritime 'maintenance and cure' + punitive damages?
This question is governed in Texas by General Maritime Law (Maintenance & Cure); Atlantic Sounding Punitive Damages Rule and the legal standards articulated in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009); Vaughan v. Atkinson, 369 U.S. 527 (1962). Recommended step: Note that you have the absolute right to choose your own treating orthopedic or neurosurgeon for Cure—you do NOT have to let the boat company's 'company doctor' perform your surgery!
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