Maintenance and Cure Denials: How Louisiana Injured Seamen Can Fight Back
If a Louisiana maritime employer wrongfully denies your maintenance and cure benefits, you can sue them under General Maritime Law. Courts can force the employer to pay your outstanding medical bills, increase your daily stipend, and potentially award you punitive damages for bad faith denials.
When a seaman is injured or falls ill while in the service of a vessel, General Maritime Law provides an ancient, absolute right to 'Maintenance and Cure'. Maintenance is a daily living stipend meant to replace the room and board you would have received on the ship. Cure is the complete coverage of your medical expenses until you reach Maximum Medical Improvement (MMI). Unlike a negligence lawsuit, you do not need to prove the employer did anything wrong to receive these benefits; the right is automatic.
Despite this clear legal duty, many maritime employers and insurance companies in Louisiana routinely deny or prematurely cut off these benefits. They might claim your injury was a pre-existing condition, or they might offer an insultingly low daily stipend of $15 a day that cannot even cover groceries in New Orleans. When this happens, you must aggressively fight back. You can use our US Lawyers directory to find a skilled maritime attorney in Louisiana who will hold the company accountable. Below is a comprehensive guide on how to overcome these unfair denials.
Overcoming the McCorpen Defense (Pre-Existing Conditions)
The most common tactic employers use to deny medical coverage is the 'McCorpen defense', named after the famous precedent McCorpen v. Central Gulf Steamship Corp., 396 F.2d 547 (US 5th Circuit Court of Appeals 1968). If you had a previous back injury, did not disclose it on your pre-employment medical questionnaire, and then injured your back again on the boat, the employer will try to completely invalidate your claim.
To defeat a McCorpen defense, the employer must prove three things: that you intentionally concealed the medical fact, that the concealed fact was material to the hiring decision, and that there is a direct causal link between the concealed condition and the new injury. A skilled attorney will fight back by proving that your omission was an innocent mistake (not intentional), or by showing that your new injury-such as a herniated disc from a falling crane load-is an entirely new trauma unrelated to a minor muscle strain you had five years ago.
Punitive Damages for Bad Faith Denials
If an employer simply ignores your medical bills or cuts off your stipend without a valid medical opinion from a doctor, they are operating in 'bad faith'. The U.S. Supreme Court, in Vaughan v. Atkinson, 369 U.S. 527 (US Supreme Court 1962), established that an employer who arbitrarily and capriciously denies maintenance and cure can be punished severely.
If you file a lawsuit in a court like the U.S. District Court for the Western District of Louisiana, Lafayette, the judge or jury can award you punitive damages and force the employer to pay your attorney's fees. The threat of punitive damages is the strongest weapon a seaman has. When an attorney sends a formal demand letter outlining the Vaughan precedent, insurance companies frequently reverse their denials rather than risk a massive punitive jury verdict.
Fighting Lowball Daily Rates in Louisiana Courts
Decades ago, a maintenance rate of $8 to $15 a day might have covered room and board, but it is impossible to live on that today in cities like Baton Rouge or Houma. Many employers still try to pay these outdated rates, or point to a collective bargaining agreement that locks in a low rate.
To fight a lowball maintenance rate, you must present evidence of your actual living expenses. Keep all of your receipts for rent, mortgage payments, utilities, and groceries. Your attorney can submit an affidavit of your living expenses to the court, demanding a rate increase to match the true cost of living in your specific Louisiana parish. While courts are sometimes bound by strict union contracts, unrepresented seamen without a union can frequently force the rate up to $40, $60, or even $80+ per day depending on their actual household expenses.
Cost and Time of Suing for Maintenance and Cure
Filing a claim for unpaid maintenance and cure is often combined with a standard Jones Act negligence lawsuit.
| Legal Expense / Process | Estimated Cost or Timeline in Louisiana |
|---|---|
| Federal Court Filing Fee | $405 |
| Independent Medical Examination (IME) | $1,500 - $3,500+ |
| Attorney Contingency Fee | 33.3% - 40% (Often paid by the employer if bad faith is proven) |
| Time to Reinstate Benefits | A few weeks with a demand letter, or 1+ years if litigated |
Frequently Asked Questions (FAQ)
Can I choose my own doctor for 'Cure' benefits?
Yes. Under General Maritime Law, you have the absolute right to choose your own treating physician. The company cannot force you to use their approved 'company doctor' for surgery or treatment.
When does my right to Maintenance and Cure end?
Your benefits must continue until a physician formally declares that you have reached Maximum Medical Improvement (MMI), meaning your condition will not get any better with further medical treatment.
What if my injury happened while I was on shore leave?
You are generally still entitled to benefits. Courts have held that seamen who are injured while on authorized shore leave (such as getting dinner at a port in Louisiana) are still considered 'in the service of the ship' and qualify for maintenance and cure.
Do I have to pay taxes on my maintenance checks?
No. Maintenance payments are considered non-taxable compensation for a physical injury. You do not need to report them as earned income to the IRS.
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