For maritime workers, understanding your legal rights is not just a matter of professional knowledge; it’s a lifeline. Maintenance and cure benefits are designed to provide financial support to injured maritime workers, but what happens when these provisions are not enough, or worse, when they’re unfairly denied? This is where punitive damages may come into play.

Punitive damages are not just compensation; they are a legal tool designed to punish wrongful behavior and deter future misconduct. For you, as an injured maritime worker, they can be a critical component of justice and financial stability.

Basics of Maintenance and Cure

Maintenance and cure is a maritime law principle that obligates employers to provide financial support to seamen who are injured or fall ill while in the service of a ship. This support is two-fold:

  • Maintenance: This refers to the daily living expenses you would incur while on land. Maintenance covers costs like food, rent or mortgage, and utilities. It’s akin to the room and board you’d receive if you were still at sea.
  • Cure: Cure is about your medical expenses. It includes hospital bills, medication costs, and expenses for any medical treatment or rehabilitation needed to address your injury or illness. The goal of cure is to ensure you receive adequate medical care until you reach “maximum medical improvement,” a term used to indicate that your condition cannot be further improved.
Punitive Damages In Maintenance And Cure Claims

As a maritime worker, you are entitled to maintenance and cure regardless of who was at fault for your injury or illness. This right is rooted in the doctrine of seaworthiness and the maritime employer’s duty to provide a safe working environment.

The entitlement lasts until you’ve reached maximum medical improvement. This means your employer must continue to provide these benefits until you’re as healthy as you’re going to get, as determined by medical professionals.

What are Punitive Damages?

In the realm of maritime law, and particularly in cases involving maintenance and cure, there’s a crucial component known as punitive damages. Understanding this concept is key for an injured maritime worker, as it can significantly impact your claim and overall compensation.

Defining Punitive Damages

Punitive damages are monetary compensations awarded in legal cases, which go beyond the simple reimbursement of loss or injury. Their primary purpose is twofold:

  • To Punish: Punitive damages are levied against a party (often the employer or the shipowner in maritime cases) who has committed an egregious wrong, especially when their actions are deemed willful, malicious, or recklessly indifferent to the rights of others, including their employees.
  • To Deter: By imposing a financial penalty, punitive damages serve as a deterrent not only to the offending party but also to others in the industry, discouraging similar misconduct in the future.

In maritime law, punitive damages have a specific significance. If an employer willfully neglects their duty to provide maintenance and cure, or their denial is baseless and in bad faith, a court may award punitive damages to the injured seaman. This is more than just compensation; it’s a clear message against unjust treatment of maritime workers.

Punitive Damages in Maintenance and Cure Claims

Punitive damages in maintenance and cure claims are not automatic. To be eligible, there must be proof of egregious conduct by the employer. This includes:

  • Willful and Wanton Disregard: Demonstrating that the employer knowingly and deliberately ignored their obligation to provide maintenance and cure.
  • Gross Negligence: Showing that the employer’s actions went beyond mere negligence to a level of reckless indifference.

The burden of proof lies with the injured maritime worker. A simple denial of a claim isn’t enough. Your legal team must present clear and convincing evidence that the employer’s behavior was egregious enough to warrant punitive damages. This often requires detailed documentation and expert testimony.

When awarded, punitive damages can provide significant financial compensation. This is over and above the maintenance and cure benefits, addressing the broader impact of the employer’s misconduct on your life and wellbeing.

Get Help Fighting for Your Right to Maintenance and Cure

At Lambert Zainey, we understand the challenges and hardships faced by injured maritime workers. Our dedicated team is not just well-versed in maritime law; we are committed advocates who stand by your side every step of the way.

As a New Orleans-based firm, we’re deeply connected to the maritime community. Our reputation is built on trust, expertise, and unwavering dedication to our clients’ rights. Call 800-521-1750 today to schedule a free consultation with the maritime attorneys at Lambert Zainey.