Seamen May Seek Punitive Damages in Some Cases

If you are an injured seaman, then your employer should pay you maintenance and cure. They are required to do so under maritime law. This compensation is meant to provide you with paid medical treatment until you have reached maximum cure and benefits to pay your living expenses while you recuperate.

So, what happens if your employer refuses to pay maintenance and cure?

In 2009, a case known as Atlantic Sounding Co. v. Townsend, involved a major issue affecting injured seamen. During this landmark case, the U.S. Supreme Court affirmed the decision of the Eleventh Circuit that a seaman may recover punitive damages from his employer for failing to pay maintenance and cure. The Supreme Court’s decision was 5-4.

Townsend was a crewmember of a tugboat when he fell off the boat's deck and became injured. The boat's owner, Atlantic Sounding Co., said it would not pay Townsend for medical care and time off.

According to Justice Thomas, who gave the opinion for the majority, nothing in the Jones Act and nothing in the Court’s 1990 decision in Miles v. Apex Marine Corp. detracted from the view that punitive damages are an acceptable remedy against vessel owners and employers who seriously abuse the rights of seamen. However, Justice Thomas did mention that this decision does not address the availability of punitive damages in Jones Act cases.

If you have been injured in an offshore accident, whether on a tugboat, barge or other vessel, you can pursue compensation for your injuries. In the situation where negligence caused your maritime injury, you may be able to file a Jones Act claim. Contact an experienced Jones Act attorney at the Law Offices of Vujasinovic & Beckcom P.L.L.C. at 713-224-7800 or 877-724-7800 for more information.

Be sure to order Maritime Lawyer Brian Beckcom’s informative book, Insider's Guide to Winning Your Maritime Injury Case.