When tragedy strikes aboard a cruise line, we mostly hear about passengers being victimized. Whether it is an act of violence, sexual assault, theft, or a personal injury accident, people tend to believe that the injustices that transpire on a cruise vessel involve the crewmember as the assailant and the passenger as the victim. However, several cases involving crewmember to crewmember transgressions are not as commonly recorded. Neither are incidents that involve negligence or wrongdoing between the actual cruise line and the seaman.
Like with any occupation, many cruise ship workers do not come forward with claims of discrimination, sexual harassment or injury out of fear they will be retaliated against by their superiors or because they are embarrassed about the incident. Unfortunately, doing nothing about the situation only makes matters worse. Any crewmember who has been involved in an accident at sea or any other act of negligence or direct violence is entitled to seek legal help with an attorney who has experience handling cruise ship worker claims.
Persons who claim the status of “seamen” under the law of admiralty have access to special rights and remedies not accorded to other workers. A seaman who is injured may sue his employer and the ship-owner under the Jones Act, for Unseaworthiness, Maintenance and Cure, and Failure to Pay Wages. Under the law a “seaman” encompasses all who work on board a vessel. Applying this definition, virtually every profession on board the vessel has been given “seaman” status: cooks, firemen, musicians, engineers, interpreters, doctors, carpenters, waiters, cabin stewards, kitchen boys, pilots, engineers, radio operators, pursers, etc.
The Jones Act grants seamen (foreign and domestic) who suffered personal injury in the course of their employment for an American based cruise line, the right to seek damages in a jury trial against their employers. The employers under the Jones Act are liable in damages for injury resulting in whole or in part from the negligence of its officers.
Under the maritime doctrine of Unseaworthiness, the vessel, her owner and the vessel’s operator are liable for injuries received by a seaman in consequence of the unseaworthiness of the ship. A ship is unseaworthy if the seafarer’s injury was caused by a defective condition on the ship, its equipment or appurtenances
Watching for Signs of Insubordinate Behavior
According to statistics, most incidents that involve harassment, discrimination or violence between two or more crewmembers involve assailants who are in their 20s and 30s. Incidents are also most likely to occur on the last night of a cruise itinerary when crewmembers are busy with preparations to dock and debark.
While some incidents cannot be foreseen, there are many instances in which some crewmembers display insubordinate characteristics or engage in mildly inappropriate behavior that goes unpunished. When those who commit wrongdoing are not penalized, they are much more likely to continue or escalate their behavior, which can often lead to irreparable consequences including serious injuries or even death.
All crewmembers who witness or hear about an injustice committed on a fellow worker should report the incidents immediately to prevent their recurrence and to ensure victims obtain help.
Determining Crewmember Rights
Crewmembers have a right to a safe workplace, free of discrimination and hostility. Immediately following the incident, seamen are encouraged to file a report with the ship’s Human Resources department or upper management team. If the situation is not rectified, seamen should turn to maritime lawyers to file a proper seafarer’s claim.
Lipcon, Margulies, Alsina & Winkleman P.A.Team
Documenting Incidents
As difficult as it is to seek legal help on land, it is exponentially harder to obtain the assistance in filing a seaman’s claim while at sea. If immediate assistance cannot be attained, crew members involved in accidents and other malicious incidents should carefully document what transpires and obtain as many witness reports as possible. Any photo, audio and/or video documentation would greatly help in filing a case and ensuring that the crewman’s rights are fully protected. If this is not possible, a written report is critical to ensure rights are protected.
Injured crewmembers should also seek medical attention immediately with the cruise ship’s doctor and if necessary, seek medical help while on land.
Maintenance and cure is an ancient common-law maritime remedy for seamen who are injured while in the service of the vessel. “Maintenance” is the right of a seaman to receive food and lodging if he falls ill or becomes injured while in the service of the ship. “Cure” is the right to necessary medical services. A claim for maintenance and cure concerns the vessel’s owner’s failure to meet its obligation to provide food, lodging, and medical services of a seaman injured while serving on the ship.
A seaman’s action for maintenance and cure may be seen as one designed to put the sailor in the same position as he would have been had he continued to work: the seaman receives a maintenance remedy because working seamen normally are housed and fed aboard ship; he recovers payment for medical expenses in the amount necessary to bring him to maximum cure; and he receives an amount representing his unearned wages for the duration of his voyage or contract period.
The maritime accident lawyers at Lipcon, Margulies, Alsina & Winkleman, P.A. understand the difficulties in expediting seaman claims while at sea or in a foreign country, but are always available for assistance with maritime claims. The law firm also recently released a Smartphone app compatible with both iPhones and Androids that can help victims document incidents quickly and easily.
When Can Crewmembers File Claims:
A crewmember is entitled to file a case with a cruise accident and injury lawyer when any of the following incidents occur:
- Sexual Harassment
- Personal Injury
- Workplace Injury
- Breach of Contract
- Denial of Medical Assistance
- Retaliation
- Withholding of Wages or Tips
- Discrimination (Based on race, sex, sexual orientation, disability, etc.)
In the event that the crewmember is unable to file a claim because of the extent of their injuries or if the incident resulted in a fatality, the victim’s next of kin is eligible to file a wrongful death or discrimination seafarer lawsuit. While the lawsuit itself cannot appease the pain and suffering of losing a loved one, it can ensure that those responsible for the incidents are held accountable for their actions and brought to justice.
Working with a Maritime Lawyer
To find out of you or your loved one qualify to obtain compensation for your pain and suffering or to learn more about your rights, contact our admiralty lawyers for a consultation. Seaman claims can be confusing, but our team is here to help ensure you and your loved ones obtain the full extent of the benefits you deserve.
About Lipcon, Margulies, Alsina & Winkleman, P.A.
Lipcon, Margulies, Alsina & Winkleman, P.A. is an award-winning Miami, FL law firm that focuses on maritime and admiralty personal injury claims. Having been named the Top Law Firm Protecting Seafarer's Rights in the United States by the International Seafarer’s Union, Lipcon's maritime lawyers represent both crew and passengers injured on ships worldwide with integrity and diligence. The firm's attorneys consistently receive the "AV" Preeminent rating of 5.0 out of 5.0 from their peers for their superior ethical standards and professional ability and several of the firm's attorneys have also received the "SuperLawyers" Award, recognizing their high degree of professional achievement in maritime law.
