Crew Member Injury
As a seaman, or a member of the ship’s crew, the law allows you to recover from your employer and the shipowner if you are injured. The most common remedy available to crew members is The Jones Act. The Jones Act, which was established by Congress, allows crew members injured in the service of the ship to recover damages for injuries they sustain as a result of the cruise line’s negligence. The Jones Act allows crew members to sue for medical expenses, lost wages, and pain and suffering, both in the past and future.
In addition, the cruise line is also required to provide injured seamen with maintenance and cure, which is the maritime version of worker’s compensation. If you are injured in the service of the ship, the cruise line is required to pay for your medical treatment and room and board until you reach the point of maximum medical improvement. The ship is required to make these payments, regardless of whether it was negligent.
Recently, many cruise lines have taken steps to try and limit the rights of injured crewmembers to sue. Most major cruise lines, such as Carnival, Royal Caribbean, and Norwegian, now have clauses in their employment agreements which require crewmembers to arbitrate their claims, instead of bringing them in court. In cases where crewmembers are permitted to sue, there are usually restrictions on in what state, and court, the suit can be filed. Many employment agreements also contain limits on the amount of daily maintenance the cruise line is required to pay injured seaman, based on the terms of union contracts negotiated on behalf of the crew. Nevertheless, as a crewmember, you are entitled to a number of special protections under maritime law, which can help you if your case goes to court or arbitration.
Because of the unique, and complex nature of maritime law, and the special attention afforded crewmembers, it is important when choosing an attorney that you select someone who has experience representing crew members and a knowledge of maritime law. The Law Office of David H. Pollack, LLC has been representing crewmembers in cases involving serious personal injuries and wrongful death since 1995, and is frequently asked by non-maritime lawyers to assist them with cases involving injured seamen. For more information about the firm, and an evaluation of your case, click here.
