Maritime Law Blog

New law allows punitive damages under maintenance and cure

BREAKING NEW LAW!  The United States Supreme Court recently held (June 2009) that punitive damages may be awarded against an employer for arbitrary denial or failure to pay maintenance or cure benefits.  This was actually the law back prior to approximately 1993 when a Federal Court of Appeal held that punitive damages were not available.  For the last 16 years we have seen dozens and dozens of clients have their medical treatment denied by their employers, mainly because there was no penalty available if the employer wrongfully denied benefits.  Finally the law has been re-defined to help the employee-- this is a much needed change.
If your employer is refusing to pay maintenance or cure, call us today.  This new law can help your claim!

Compensation in no-fault maritime accidents: Who pays?

Seamen have dangerous jobs, and even if all safety precautions are taken, sometimes accidents happen. Jones Act seamen are eligible for medical benefits and for maintenance and cure regardless of who was as fault for the injury. Some employers may tell you they do not have to pay for your injury because they are not at fault. This is not true. If you need help getting all the benefits that you are entitled to, call The Young Firm at 866-938-6113.

Common offshore injuries on the Gulf Coast

Two men hurt in helicopter crash – Is this covered under maritime law?

Jones Act seamen injured offshore are eligible for maintenance and cure

If you’ve been injured in an offshore accident and are unable to work because of your injuries, your employer could owe you for “maintenance and cure”.  This is the money that your employer is supposed to pay you after an accident so that you can pay your living expenses and medical bills until you are able to return for work.

 

Maintenance – the money given to injured seamen so they can pay bills and living expenses – typically isn’t very much money.  Some companies believe that $15 to $30 a day is adequate, but depending on your situation this may not be enough to cover your expenses.

 

Many working Jones Act seamen have bills like rent, a mortgage, utilities, transportation costs, and food to pay for – all of which would need to be covered by the maintenance compensation if they become incapacitated because of a workplace accident.  If the amount their employer offers them for maintenance isn’t adequate, they may have to involve an attorney to get what they need to survive.

 

Cure is the money give to injured Jones Act seamen so they can pay for medical bills resulting from their injuries.  Your employer is required to pay you for reasonable medical care until your condition is not likely to improve further – a point that your employer and your doctor may disagree on.

 

Do you have questions about an offshore injury that you sustained on a vessel or questions about maintenance and cure?  Please don’t hesitate to contact the experienced maritime law and Jones Act lawyers at The Young Firm to discuss your situation.