A crew member's injury rarely looks dramatic at first. A galley worker slips on a greasy floor during a double shift. A deckhand's hand is caught in a mooring line. A cabin steward hurts her back lifting mattresses with no help. A yacht crew member falls through an open hatch at night. The company doctor gives a few days off, and soon there is talk of signing off and flying home.
Seafarers often do not know they have three separate rights, each with different rules and different proof. Knowing which one applies changes what evidence matters.
The three rights, in plain words
The Jones Act. Federal law allows a seaman "injured in the course of employment" to bring a civil action against the employer, "with the right of trial by jury" (46 U.S.C. § 30104). In plain words, if your employer's carelessness played a part in your injury, you may sue it. Carelessness can include unsafe orders, too few workers for the job, poor training, or ignoring a known hazard. If a seaman dies, the personal representative may bring the claim.
Unseaworthiness. Under general maritime law, a vessel owner must provide a ship, gear, and crew reasonably fit for their intended use. A slippery deck without proper coating, a broken winch, a missing guardrail, or a crew too small for the work can make a vessel unseaworthy. This claim runs against the vessel owner and focuses on the condition of the ship rather than on who was careless.
Maintenance and cure. Also under general maritime law, an employer owes a seaman injured or taken ill while in service of the ship a daily living allowance (maintenance) and medical care (cure) until the seaman reaches maximum medical improvement. This right does not depend on anyone's fault.
Whether a worker counts as a seaman depends on the worker's connection to a vessel and the nature of the work. The test is technical, and we evaluate it at the start of every case.
“injured in the course of employment”
46 U.S.C. § 30104
1. Report the injury in writing and keep a copy
Tell your supervisor and the ship's medical staff immediately, and make sure an accident report is written. Ask for a copy or photograph it. If the report leaves out facts or blames you, write your own account and give it to your supervisor, keeping a copy.
2. Get every medical record
Request the ship's medical records, including the doctor's notes, any fitness-for-duty findings, and sign-off or repatriation papers. Keep the records from port doctors and hospitals. When you get home, see a physician you choose as well, and keep those records.
3. Keep proof of your pay
Save your employment contract, pay slips, overtime records, and records of tips or service charges. Maintenance, unearned wages, and lost earnings are calculated from these documents. Note your living costs at home, such as rent, utilities, and food.
4. Document the conditions that caused the injury
Photograph the equipment, floor, ladder, or work area. Write down how many people were assigned to the task, how long you had been working, and any complaints made beforehand. Hours of work and rest records can matter; ask that they be preserved.
5. Get coworkers' contact information now
Crew members sign off, change ships, and return to their home countries. Get personal phone numbers, messaging contacts, and email addresses from the people who saw the accident or knew about the hazard.
6. Read your contract before signing anything new
Many cruise and yacht crew contracts require arbitration, sometimes in another country, and may name the law that applies. Collective bargaining agreements can affect benefits too. Do not sign a release or settlement in exchange for a flight home, continued maintenance payments, or a promise of future work without having it reviewed.
The rules that matter for injured seafarers
Deadlines. The general federal limit for a maritime personal injury claim is three years after the claim arose (46 U.S.C. § 30106). Contract and arbitration terms can impose their own procedures and time frames, so read yours early.
Longshore coverage generally does not apply. The federal Longshore and Harbor Workers' Compensation Act excludes "a master or member of a crew of any vessel" from its definition of employee (33 U.S.C. § 902(3)). Seamen look to the Jones Act and general maritime law instead.
Where to file. Employment contracts and arbitration clauses often decide where a claim must go. We review them before deciding where to proceed.
“a master or member of a crew of any vessel”
33 U.S.C. § 902(3)
Your checklist
- Report the injury in writing and keep a copy of the accident report.
- Request all shipboard and shoreside medical records.
- Save your contract, pay slips, and records of tips or service charges.
- Photograph the equipment and conditions and note staffing and hours.
- Collect coworkers' personal contact information.
- Do not sign a release in exchange for repatriation or benefits.
- Talk with a lawyer before your maintenance payments or your deadlines run out.
How we handle these cases
We sort out which of the three rights applies, confirm maintenance and cure are being paid at a fair rate, and preserve the vessel records before the ship sails on. We review your contract for arbitration and choice of law terms and calendar every deadline. We handle maritime injury cases throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.