An injured crew member may recover money damages for pain and suffering if the ship owner operator empoyer prolongs or aggravates the initial injury. See Vaughan v. Atkinson, 369 U.S. 527, 539, 82 S.Ct. 997, 8 L.Ed.2d 88 (1962) (Stewart, J., dissenting); Cortes v. Baltimore Insular Line, Inc., 287 U.S. 367, 371, 53 S.Ct. 173, 77 L.Ed. 368 (1932); Williams v. Kingston Shipping Co., 925 F.2d 721, 723 ( 4th Cir.1991) (discussing availability of "money damages for any prolongation or aggravation of the physical injury"); accord Hines v. J.A. LaPorte, Inc., 820 F.2d 1187, 1190 (11th Cir.1987) (per curiam) (pain and suffering damages awarded where failure to pay maintenance "aggravated Hines' condition, prolonged his pain and suffering, and lengthened the time required for him to reach maximum cure").
CURE is the maritime lingo for medical care in the maritime industry and the boat or ship owner operator employer are required by federal law to pay for it from the moment of injury or illness until you reach maximum medical cure or maximum medical improvement (MMI). Maritime law is enforced in federal court and Fort Pierce has one downtown on Highway US-1 across from city hall. Unlike Florida workers' compensation crew members choose their own doctor. They don't have to deal with insurance or company doctor hacks. The boat or ship owner operator must see to it that an injured crew member receives medical care. For example, if you become incapacitated from the injury or illness while in service to the vessel your employer must make initial medical arrangements for your care. When able you can choose another hospital or physician if you feel you are not receiving adequate or competent medical care. You have the right to choose your own medical doctor if you are a maritime worker.
My name is John Kevin Griffin I represent injured maritime workers to recover money damages and protect their rights. If you live in Florida there is no better place to receive your medical care and rehabilitative therapy than here on the Treasure Coast. Maintenance and cure is your right and we vigorously protect your right to medical care and adequate daily living expenses. Maritime law is protective of the crew. We work hard to protect you using the law. Your maintenance and cure revovery of consequential damages and your pain and suffering money damages is your maritime right.
There are several top shelf medical centers within 25 miles of the federal courthouse in Fort Pierce. You have the right to choose who provides medical care and where you receive it. Get the care you deserve from specialists and hospitals of your choice. When its time for rehabilitative health care that is here for you too.
Remember you are not alone.
The towboat is a vessel that moves barges up and down the rivers and intracoastal waterways of the United States. The crew aboard a towboat are constantly working to maintain navigation and the tow of barges in place and secured to the towboat by steel wire cables. In such an environment safety must be paramount. This is so because working aboard a towboat pushing barges on the river and intracoastal waterways through the current is all hands on work.
The Florida Turnpike intersects I-95 in Fort Pierce so there is convenient driving to and from Fort Pierce. If you work on towboats oil-rigs or dredges and live on the Treasure Coast or near us or want to live here on the Treasure Coast you have a maritime Jones Act attorney to answer your questions. We will make sure you get a choice of quality medical care and receive the maintenance payments you deserve from your employer while your injuries heal. Call 772-318-6969 or use our contact page.
The deck-hands tighten steel wire cables with heavy tools to secure the barges to the towboat. In their river lingo they call this "building tow". Even a tow of a one barge like a tanker barge filled with gasoline or some other chemical is lashed to the towboat with steel cable. Once the tow is built the towboat pushes the mass of interlocked barges through the current around river bends and through the locks of inland river ways and intercoastal waterways. Deckhands are out on the barges working through the heat of summer, the wind cold rain and snow of winter, and throgh the spring. Everything the crew touches aboard the towboat and barges is made of steel. The barges move up and down-back and forth in the current. Deck-hands, mates and tanker-men must help with navigation too by looking out and using radios to alert the captain of danger they perceive along the way.
Tanker-men work on fuel and chemical barges. Deckhands work on every type of barge and towboat or dredge. Daily the crew moves massive ropes, hoses, and steel cable or wire to secure barges and cargo. They offload the cargo. Their duty is dangerous all conducted on the water all covered under the federal general maritime law and the Jones Act. The danger and peril these workers face everyday aboard the towboat and its barges is constant and the federal courts protect these men and women when injured while in service to their towboat.
Jones Act Damages
"Ladies and gentlemen of the jury we are gathered here in this courtroom
for you to dispense justice to right a wrong and to write down on your verdict form a number to replace lost wages
and lost earning capacity, to replace and make sure past and future medical expenses of the plaintiff are covered, and
to make up for the harm and misery pain suffering mental anguish and the life long physical impairment this defendant's
The law allows the plaintiff only one time to ask you for these money damages. This is that time. The law and evidence in this case authorizes you to put down a number on your verdict form that substitutes for and makes up for the harm caused by this defendant's negligence. Here is a number that equals the loss of wages and earning capacity, past and future medical expenses, and will substitute for the pain, suffering, and metal anguish damages. These damages are the responsiblity of the defendant.
The law in this case and the evidence you weighed in this case allow you to put down $______________________________ on your verdict form."
by: John Kevin Griffin
Member Florida Justice Association
Veteran owned and operated
© 2017 John Kevin Griffin All rights reserved