Collecting Damages if You’re Denied Maintenance and Cure

If you are legally entitled to maintenance and cure pursuant to federal maritime law and your maritime employer has failed to provide you with maintenance and cure, then you may be entitled to damages. 

In 2009, the United States Supreme Court found that a seaman may be awarded punitive damages "for the willful and wanton disregard of the maintenance and cure obligation".*  The court found that the right to maintenance and cure exists not only in the Jones Act but also in general maritime law. Thus, the fact that the Jones Act does not specifically allow punitive damages should not prevent a seaman to recover damages for wanton, willful or outrageous conduct that results in the denial of maintenance and cure payments.

If you have been wrongfully denied maintenance and cure payments, then it is important to seek the advice and counsel of experienced New York and New Jersey maritime lawyers.  The maritime lawyers in New York and New Jersey’s maritime law firm of Hofmann & Schweitzer are committed to protecting the rights of all seamen.  Contact us today at 1-800-3-MAY-DAY or via our online contact form if you’ve been hurt.  We will provide you with a free consultation so that you can make an informed decision about pursuing possible damages against your employer.

*Source: Atlantic Sounding v. Townsend 129 S.Ct. 2561 (2009)