Legal Updates On Maritime Workers' Personal Injury Claims: Hurtado v. Balerno International

A crewmember aboard a cruise ship sought maintenance and cure benefits after suffering a hernia. What was the outcome of his personal injury lawsuit? Learn more about your rights and remedies as a seaman with the case of Hurtado v. Balerno International Ltd.

Mr. Hurtado’s Personal Injury Case

Mr. Hurtado was working onboard Balerno’s cruise ship when he felt serious pain and sought medical attention. They found that the seaman had a serious hernia condition requiring surgery. The vessel employer refused to pay for this surgery declining any maintenance and cure benefits. 

Mr. Hurtado’s employer claimed that the hernia existed before the seaman’s employment and he failed to disclose it when hired. Balerno International asserted what is called the McCorpen defense, which alleviates the duty to pay maintenance and cure benefits when a seaman knowingly conceals a pre-existing medical condition at the time of hiring.

The Florida federal court found that the seaman did not knowingly conceal his hernia and that he suffered a separate hernia from the one that pre-existed. The court ordered the Jones Act employer to pay not only maintenance and cure benefits but also awarded punitive damages to Mr. Hurtado.  Punitive damages are designed to punish the wrongdoer, here, a vessel employer who wrongfully denies maintenance and cure.

Critical Advice for Successful Maintenance and Cure Claims

There are two important takeaways for Jones Act seamen when it comes to understanding their maintenance and cure benefits. 

First, seamen need to be aware of the McCorpen defense, which allows vessel employers to deny maintenance and cure benefits. To avoid a denial of maintenance and cure, seamen must not knowingly conceal pre-existing medical conditions during pre-employment physicals or medical questionnaires.

Second, a vessel employer’s failure to pay maintenance and cure benefits, under certain circumstances, can entitle the injured seaman to punitive damages.  

How much maintenance will you receive and can you get any extra remedies? Consult with an experienced maritime attorney to find out.