
A: The Jones Act allows an injured maritime worker who meets "seaman" criteria to seek maintenance and cure. When a seaman brings a legal claim for damages against the captain, ship owner, or maritime employer, it can include punitive damages if the employer wrongfully denied maintenance and cure benefits.
Because maintenance and cure ends when a seaman reaches maximum cure, many employers stop paying these benefits. However, reaching maximum cure just means that a treating physician is stating that a seaman's condition will not get any better from further medical care. If disabling injuries were suffered and the worker cannot return to work but their employer refuses to pay for maintenance and cure, then it is important for an injured offshore worker to pursue punitive damages to seek compensation for medical costs, pain and suffering, emotional distress and unearned income due to missed work.
If employers are refusing to pay proper maintenance and cure, it is wise to write them a strong letter or email in order to develop a written record that could be used in court.
If you have been denied maintenance and cure and want to pursue punitive damages, please call the Voss Law Firm and talk with a skilled Texas Jones Act attorney to find out more about your rights to recovery. You will be provided with a free, no-obligation legal consultation at 866-276-6179 today.
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