Cruise Ship Law

Cruise Ship Crew Member Injuries: What Are Your Rights?

LM&W

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Lipcon, Margulies & Winkleman, P.A. is made up of attorneys who are nationally recognized industry leaders in the field of maritime and admiralty law. Our team of cruise lawyers has well over two centuries of combined experience, has successfully handled over 3,000 cases, and has recovered over 450 million dollars in damages for our clients. Several of our attorneys have even been selected to “Best Lawyers” ® by US News & World Report every year as far back as 2016.

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Our Award-Winning Lawyers Will Help You Seek Compensation From Your Employer for Cruise Ship Injury Claims

Working on a cruise ship presents distinct challenges and risks for crew members. While the environment may seem less hazardous compared to other offshore jobs like fishing trawlers or oil rigs, the potential for workplace accidents remains significant. Crew members are entitled to a safe working environment, and when injuries occur, they have specific rights under maritime law to seek compensation and justice.

For over fifty years, Lipcon, Margulies & Winkleman, P.A. has been at the forefront of maritime and hotel legal advocacy. With a dedicated team of 19 attorneys bringing over 250 years of combined experience, our firm has been instrumental in shaping the landscape of cruise ship law. Our attorneys, stationed across the United States, have successfully recovered over $450 million for our clients, a testament to our relentless pursuit of justice and compensation.

Our unwavering commitment to our clients has earned us consistent recognition as one of the “Best Law Firms” by US News & World Report. Additionally, several of our attorneys have been honored as “Best Lawyers,” reflecting our firm’s reputation for excellence in the legal community.

Potential Risks to Cruise Ship Crew Members

As a working member of a cruise ship crew, you have the inherent right to be kept as safe and secure as your employer can reasonably ensure. Ideally, accidents will be rare. Nevertheless, there are still a variety of possible risks you could face in this unique workplace.

Hazardous Work Environments

Similar to any other workplace, cruise ships must be well-organized and clean to minimize risks. A wet floor that isn’t dried properly or overloaded shelves in storage areas can lead to slips, trips, or falling object accidents, causing injuries to crew members.

Threats From Inadequate Safety Measures

Inadequate safety measures on cruise ships can lead to various injuries and health issues for crew members. Employers must ensure proper safety protocols to prevent such incidents.

  • Excessive Luggage: Cruise lines often ask crew members to carry too much luggage for one person without providing a dolly, straps, or assistance. Doing so leads to back injuries.
  • Kitchen Safety: The absence of non-slip mats in the kitchen can result in falls and injuries.
  • Restaurant Workload: Carrying too many plates in the restaurant can cause back injuries among the crew. Failure to provide working trolleys on ships also frequently causes injuries.
  • Failure to Treat Illnesses: Crew members suffering from injury or illnesses are sometimes not given proper medical care, a situation referred to as “failure to treat.” We routinely see situations where crewmembers are sent back to work on painkillers when they present with pain. This “treatment,” more often than not, leads to a worsening of the injury.

Accidents Stemming from Employer Negligence

Cruise lines are obligated to ensure the safety of their employees and passengers by maintaining equipment and adhering to legal safety standards. Negligence in these areas, such as failing to repair broken machinery, can result in injuries to crew members—and, in severe cases, even wrongful death.

The Physical, Emotional, and Financial Repercussions of Crew Member Injuries

Injuries sustained by cruise ship crew members can have profound physical, emotional, and financial impacts on both the individuals and their families. Even seemingly minor injuries can create a ripple effect, affecting various aspects of life.

Certain injuries can lead to ongoing issues or physical limitations, making it challenging to perform specific types of work. This can significantly reduce one’s future income potential and, in some cases, make it nearly impossible to return to their previous occupation, resulting in a devastating loss of livelihood.

The emotional toll of being injured at work on a cruise ship can be equally severe. Crew members may experience emotional distress, anxiety, anger, or depression. Traumatic incidents can even lead to post-traumatic stress disorder (PTSD). These mental health challenges not only add emotional strain but also incur additional financial costs, such as therapy expenses.

Back Injuries: The Most Common and Severe for Crew Members

Back injuries are among the most common and debilitating injuries that cruise ship crew members face. The physical demands of working on a cruise ship, such as lifting heavy luggage, handling large trays in the restaurant, and performing repetitive tasks, put crew members at significant risk for back injuries. These injuries can range from muscle strains and sprains to more severe conditions like herniated discs and spinal cord damage.

The impact of a back injury can be long-lasting and life-altering. Crew members suffering from back injuries often experience chronic pain, limited mobility, and may require extensive medical treatment, including physical therapy, medications, and sometimes surgery. The recovery process can be prolonged, and in some cases, crew members may never fully regain their previous level of function, affecting their ability to work and perform daily activities.

Given the severity and prevalence of back injuries among cruise ship crew members, it is crucial for employers to implement and enforce strict safety protocols. Providing proper training, ergonomic equipment, and adequate support can help mitigate these risks. Crew members who suffer back injuries due to employer negligence have the right to seek compensation to cover pain and suffering, medical expenses, lost wages, and many other related damages.

Understanding Your Legal Protections as a Crewmember

Maritime law, also known as admiralty law, governs the rights of individuals working at sea. This includes various protections and standards within the international cruise industry that safeguard both crew members and passengers.

The Jones Act Explained

The Jones Act is a crucial part of maritime law that protects maritime workers injured while working at sea. It provides rights to compensation for medical expenses (cure benefits) and ongoing costs related to the injury (maintenance), such as medical care, physical therapy, and lost wages.

Exploitation Through Flags of Convenience

Cruise lines often register their ships in foreign countries to bypass stringent U.S. regulations, a practice known as using a “flag of convenience.” This allows them to impose poorer working conditions, lower wages, and fewer rights for crew members.

Impact of Crew Member Injuries

Injuries on cruise ships can have severe physical, emotional, and financial consequences for crew members and their families. Physical injuries can range from broken bones, back injury, and concussions to long-term disabilities and chronic physical pain. Emotional distress, anxiety, and depression are common, and the financial burden from medical costs and lost income can be overwhelming.

Steps to Take After a Cruise Ship Injury

If you are injured on a cruise ship, seek medical attention right away and obtain an incident report. Consult a specialized Jones Act lawyer, like those at Lipcon, Margulies & Winkleman, P.A., before speaking to your insurance company to understand your rights and obligations. Notify your employer as required but avoid making statements that could be misconstrued as admitting fault.

Seek Counsel from a Cruise Ship Accident Lawyer

If you have been injured or denied compensation by your cruise ship employer, you may be entitled to legal recourse. At Lipcon, Margulies & Winkleman, P.A., we focus on maritime law and offshore accidents, including those affecting cruise ship employees. Our experienced maritime attorneys will help you determine if you have a case, guide you through the legal process, and file a cruise ship injury lawsuit if need be.

If You’re a Cruise Ship Crewmember Who has Sustained an Injury at Sea, Contact Our Team Today

At Lipcon, Margulies & Winkleman, P.A., our maritime injury lawyers are dedicated to protecting the rights of injured crew members. With our extensive experience in cruise ship accidents and fearless approach to litigation, we are the firm crew members turn to—and trust—when they have been injured due to cruise line operator negligence or unsafe working conditions.

As a crew member, you have the right to a safe working environment and fair compensation for your injuries. Contact us today for a free consultation through our secured contact form or call our office at 877–233–1238.

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