Your Employer’s Refusal to Pay Maintenance & Cure Could Result in Punitive Damages

Under the law, if you are a seaman who has been hurt on the job, you are entitled to paid medical care and living expenses. This compensation is known as maintenance and cure. It is similar to workers’ compensation in that you can pursue the compensation regardless of what caused your offshore injury. But what happens when your employer refuses to pay for these expenses? What are you supposed to do then?

While most maritime employers live up to their legal obligation to pay maintenance and cure, occasionally you will hear of a company that refuses to do so. One such case, Atlantic Sounding Co., Inc. v. Edgar Townsend, illustrates what can happen when an employer fails to provide maintenance and cure payments to an injured seaman.

Details of the Atlantic Sounding Co., Inc. v. Edgar Townsend Case
Edgar Townsend was hurt while working on a tugboat owned by the Atlantic Sounding Co., Inc. Supposedly, Atlantic Sounding refused to pay Townsend maintenance and cure that is required under the Jones Act. As a result, Townsend filed a lawsuit against the company for his maintenance and cure and punitive damages (which are damages that are designed to “punish” the defendant).

Atlantic Sounding tried to get a dismissal of the punitive damages claim, but this request was denied. The case ultimately ended up being heard by the U.S. Supreme Court. The Supreme Court decided that the refusal to pay maintenance and cure would allow the remedy of punitive damages.

What does this case mean to you, as an injured seaman? It means that if your employer won’t pay maintenance and cure, you may be able to hold them liable for punitive damages.

About the Law Offices of Vujasinovic & Beckcom
For a free case evaluation regarding your employer’s refusal to pay maintenance and cure, contact an experienced maritime attorney at our law firm today. We have extensive experiencing representing injured maritime workers and will be able to explain your legal options.

For more information regarding your legal rights to paid medical care, contact us today at 877.724.7800. 

Be sure to order a FREE copy of maritime lawyer Brian Beckcom’s book, The Insider's Guide to Winning Your Maritime Injury Case. It has information you need to read, as an injured worker.