- When an employer denies, delays, or terminates Maintenance and Cure benefits without a legitimate basis, maritime law allows you to sue for much more than just the unpaid checks.
- To recover punitive damages, you must show the employer’s denial was willful, arbitrary, or made in bad faith—meaning they cut you off to save money, not for a valid medical reason.
- Punitive damages are awarded in addition to the unpaid benefits, consequential damages, and attorney’s fees you are owed.
- An employer does not need to act with evil malice to be liable for punitive damages; simply acting without a reasonable factual or medical basis is enough.
- You must document everything. The burden of proof is on you, meaning your medical records and written communications are critical from day one.
You were injured on the job. Under general maritime law, your employer is required to pay Maintenance and Cure—your daily living expenses and medical bills—while you recover. That obligation exists regardless of who was at fault for the accident, and it is one of the oldest legal protections in America.
But your employer stopped paying. Or they denied your claim from the start. Or they are refusing to cover the MRI or surgery your doctor says you need.
If this is happening to you, you have legal options that go far beyond simply asking for your missed checks. When an employer denies, delays, or terminates Maintenance and Cure without a legitimate basis, maritime law allows an injured seaman to sue for punitive damages.
This is not a minor technicality. Punitive damages can significantly exceed the value of the withheld benefits themselves. They exist because federal courts recognize that injured seamen are in a vulnerable position, and employers who exploit that vulnerability must be punished.
Here is what you need to know about when punitive damages apply, what you have to prove, and how to fight back
Basics of Maintenance and Cure
Maintenance and Cure is a strict legal obligation. If you are injured in the service of a vessel, your employer must provide two things:
Your employer must continue to pay these benefits until a doctor determines you have reached Maximum Medical Improvement (MMI)—the point at which your condition cannot be improved any further with treatment.
Note: Receiving Maintenance and Cure does not prevent you from filing a separate Jones Act negligence or Unseaworthiness lawsuit for your pain, suffering, and lost future wages.
What are Punitive Damages?
In the legal system, most compensation (like paying your medical bills or covering lost wages) is designed to make the injured person financially “whole.”
Punitive damages are different. They are designed to punish the wrongdoer.
In maritime law, the U.S. Supreme Court confirmed in the landmark case Atlantic Sounding Co. v. Townsend that punitive damages are available to seamen when an employer willfully and wantonly fails to pay Maintenance and Cure.
If your employer cuts off your benefits in bad faith, punitive damages serve three vital purposes:
- Punishment: They impose a massive financial penalty on the employer for their reckless disregard of your health and legal rights.
- Deterrence: They create a financial incentive for greedy maritime corporations and insurance companies to take their legal obligations seriously.
- Justice: They acknowledge the severe stress, worsened health, and financial ruin caused when an employer illegally cuts off a hurt worker’s lifeline.
When Can You Recover Punitive Damages for Denial of Maintenance and Cure?
Punitive damages are not automatic. You cannot get them simply because your employer made an honest administrative mistake. You must prove that your employer’s conduct was willful and wanton or arbitrary and capricious.
What you need to prove
To win punitive damages, the maritime lawyers at Lambert Zainey will aggressively gather evidence to prove the employer acted in bad faith. We demand:
Has the Company Doctor Cleared You Before You Are Ready?
If your benefits were cut off, the insurance company is trying to ruin your claim.
Take our free, 60-Second Maritime Case Quiz to find out if you have grounds for a lawsuit.
Can You Recover Attorney’s Fees for a Wrongful Denial of Maintenance and Cure?
Yes. If a judge finds that your employer’s denial of Maintenance and Cure was arbitrary and capricious, the court will likely order the employer to pay your attorney’s fees.
This means the company must pay the cost of the legal representation you needed to fight for the benefits they should have paid voluntarily. This rule exists to ensure that injured seamen can afford to hire top-tier legal representation, and to financially punish employers who force injured workers into unnecessary legal battles.
How Does a Punitive Damages Claim Fit With a Jones Act or Unseaworthiness Lawsuit?
A punitive damages claim for the wrongful denial of M&C is a distinct legal action from a Jones Act negligence claim, but they are almost always pursued together in a single lawsuit.
Pursuing both simultaneously is strategically powerful. The evidence that proves the employer acted callously in cutting off your benefits (internal emails, biased doctor reports) often helps prove they were also negligent in causing your accident in the first place.
Get Help Fighting for Your Right to Maintenance and Cure
If your employer has denied, delayed, or terminated your Maintenance and Cure benefits, you are in a fight against a corporation that wants to save money at the expense of your health.
The maritime trial attorneys at Lambert Zainey have been holding greedy maritime employers accountable for more than 40 years. We know exactly how to prove arbitrary and capricious denials, and we will aggressively pursue the punitive damages and attorney’s fees you are owed.
Contact us today for a free, confidential consultation. We serve maritime workers across the Gulf Coast and throughout the United States, and we never charge a fee unless we win your case.
