I heard that I may be able to pursue punitive damages if my employer refuses to pay my maintenance and cure benefits. Is that true?

A: What you heard is correct.  The U.S. Supreme Court decided in the case of Atlantic Sounding Co., Inc. v. Edgar Townsend that the refusal to pay maintenance and cure would allow the remedy of punitive damages.  Basically, this means that if your employer won’t pay maintenance and cure benefits, you can attempt to recover punitive damages.

Punitive damages are in addition to actual damages and are meant to “punish” the defendant.  You can learn more by reading our article, Your Employer’s Refusal to Pay Maintenance & Cure Could Result in Punitive Damages. 

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