The New Orleans Jones Act attorneys at The Young Firm maintain a legal blog about topics that affect seamen in the Gulf of Mexico. Learn more about your rights!

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Maritime Law

7/18/2009
Timothy J. Young
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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!


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