Cruise Ship Crewmember Injury (Including Arbitration)

When a crew member or seaman becomes injured or ill while serving on a vessel, the law requires the employer to provide two basic protections: a daily living allowance (maintenance) and payment for necessary medical care (cure). These benefits are owed regardless of who was at fault for the injury or illness.

At Munch and Munch, P.A., our lead attorney, Jacob Munch, brings a rare combination of experience to these cases. Before becoming a lawyer, he worked at sea as a licensed Merchant Marine third mate and third engineer with the U.S. Coast Guard.

Today, as a Florida board-certified maritime attorney, he uses that background to protect crew members whose employers fail to provide the maintenance and cure benefits guaranteed by law.

Understanding Maintenance And Cure Benefits

If you get hurt or sick while serving on a vessel, U.S. maritime law gives you the right to receive maintenance and cure benefits, regardless of fault. These benefits make sure you can meet your basic needs and get proper medical care while you recover.

Maintenance: A daily payment to help cover food and housing when you’re off the ship. The amount is meant to support you until you reach Maximum Medical Improvement (MMI). The amount is based on a seaman’s actual living expenses at the time of the injury or illness.

Cure: Payment for all reasonable medical treatment related to your injury or illness, including doctor visits, hospital stays, surgery, therapy and prescriptions. The shipowner must pay for these costs until you reach Maximum Medical Improvement (MMI). The amount of cure depends on how severe your injury is and how long it will take you to recover.

Aside from work-related injuries, shipowners must provide maintenance and cure even if your illness or injury wasn’t caused by your job. For example, if a preexisting condition gets worse while you’re working on the ship, your Jones Act employer is still legally required to cover your medical bills and living allowance.

Who Qualifies As A Jones Act Seaman?

To receive maintenance and cure benefits and to bring additional claims under the Jones Act, a crew member must qualify as a “seaman.” U.S. courts use specific tests to decide if someone meets this standard.

• Connection to a vessel: You must be assigned to a vessel or fleet of vessels in navigation.
• Substantial work on the vessel: You must spend at least 30% of your work time on the vessel while it is operating on navigable waters.
• Contribution to vessel function: Your duties must play a role in the vessel’s mission, whether that means navigating, maintaining equipment, preparing food for passengers or other essential tasks.

Courts look at the facts of each case to see if a worker is truly part of the vessel’s crew. For example, a bartender on a cruise ship may qualify as a seaman because serving passengers is part of the ship’s purpose, while a land-based contractor who only works on the ship occasionally would not.

Meeting the Jones Act seaman status is critical because. It not only guarantees maintenance and cure but also opens the door to larger claims for negligence if the employer failed to provide a safe working environment.

Reach Out To An Experienced Maritime Lawyer Today

At Munch and Munch, P.A., our Florida maritime lawyers are licensed to practice throughout the state, and frequently bring suits in the federal district courts. Additionally, our firm is led by Jacob Munch, who is a Florida Supreme Court-certified circuit civil mediator.

Often, the cruise lines will place a clause in employment contracts requiring that any dispute be resolved through arbitration. Jacob’s experience as a mediator and arbitrator places our firm in a unique position to be able to protect your legal rights.

If you are a crew member who has been injured or become ill while working and has not been paid maintenance and cure by your employer, call us at 888-976-3759 or email us so we can help protect your rights and assess your potential claim.