Injured Cruise Ship Crew? Understanding Your Rights Under the Jones Act

Each year, thousands of men and women work tirelessly aboard cruise ships, ensuring passengers have memorable and enjoyable vacations. However, the demanding nature of cruise ship employment can lead to injuries. Cruise ship crew members work long hours and have to deal with constantly changing conditions. Some of these positions are very demanding, leading to accidents and injuries. When a cruise ship worker is hurt on the job, they may not have access to workers’ compensation. Instead, they may have to rely on the Jones Act to provide legal protection and offer them a path to secure compensation. If you’re one of these individuals, it’s crucial to understand your rights under the Jones Act. The Jones Act is a federal law that protects seamen injured in the course of their employment. It allows them to sue their employers for negligence, providing a crucial safety net that is designed to protect maritime workers who do not qualify for protection under state workers’ compensation laws.

What is the Jones Act?

The Jones Act, officially known as Section 27 of the Merchant Marine Act of 1920, is a U.S. federal law that regulates maritime commerce in the United States. The Jones Act has been in effect for over a century. It was introduced to strengthen the U.S. shipping industry post-World War I. It has faced criticism for raising shipping costs, especially for U.S. islands like Puerto Rico and Hawaii. The Jones Act is the bedrock foundation of the U.S. Merchant Marine. It requires that ships calling in consecutive ports in the United States be American-crewed, American-owned, and American-made. The name comes from the original sponsor of the legislation, Senator Wesley Jones of Washington, and the actual law is called the Merchant Marine Act of 1920. The Jones Act ensures a strong and vibrant maritime industry, which helps ensure the United States maintains its expertise in shipbuilding and waterborne transportation.

The primary purpose of the Jones Act is to protect the U.S. shipping industry and maintain a strong merchant marine for defense purposes. It achieves this by requiring that vessels transporting merchandise between U.S. ports be built, owned, and operated by U.S. citizens or permanent residents. This requirement is known as “cabotage”.

In addition to its cabotage provisions, the Jones Act includes essential protections for seamen (maritime workers) who are injured while working on U.S. vessels. The law grants seamen the right to sue their employers for negligence if they are injured or become ill on the job.

Who Qualifies as a “Seaman” Under the Jones Act?

Not every worker on a cruise ship qualifies for protection under the Jones Act. To be considered a “seaman,” an individual must meet specific criteria:

Work on a Vessel in Navigation: The worker must be employed on a vessel that is “in navigation,” meaning it’s actively engaged in maritime transport. Cruise ships operating on the open ocean generally meet this requirement.
Substantial Connection to the Vessel: The worker must have a significant connection to the vessel, typically spending at least 30% of their time working on board.
Contribution to the Vessel’s Function: The worker’s duties must contribute to the operation or mission of the vessel. This can include a wide range of tasks, from navigation and maintenance to serving passengers and providing entertainment.

In general, cruise ship crew members such as deckhands, hospitality staff, cooks, casino workers, engineers, and entertainers qualify as seamen under the Jones Act because they contribute to the function of the vessel tending to passengers. Land-based employees of the cruise line typically do not qualify.

What Rights Do Injured Cruise Ship Crew Members Have Under the Jones Act?

If you meet the definition of a “seaman” and are injured while working on a cruise ship, the Jones Act provides you with several important rights:

Right to Sue for Negligence: You can sue your employer (the cruise line) for damages if your injuries were caused by their negligence or the negligence of a fellow crew member.
Maintenance and Cure: Regardless of fault, you are entitled to “maintenance and cure” benefits. Maintenance covers your daily living expenses (food and lodging), while cure covers your medical expenses until you reach maximum medical improvement.
Unearned Wages: You are entitled to unearned wages from the time of your injury until the end of your employment contract or voyage.
Right to Choose Your Own Doctor: You have the right to select your own physician and method of treatment, which contrasts with the normal right of the employer to select the physicians under workers compensation schemes.

What Types of Injuries Are Covered by the Jones Act?

The Jones Act covers a wide range of injuries that can occur while working on a cruise ship, including:

Slips, Trips, and Falls: Accidents caused by wet surfaces, poorly maintained decks, or uneven flooring.
Back Injuries: Injuries resulting from lifting heavy objects, repetitive motions, or strenuous work.
Burns: Burns from hot equipment, chemicals, or malfunctioning machinery.
Head Injuries: Traumatic brain injuries (TBI) from falling objects, slips, trips, and falls.
Repetitive Motion Injuries: Conditions like carpal tunnel syndrome caused by performing the same motions repeatedly.
Illnesses: Food poisoning, contagious viral and bacterial illnesses, and exposure to dangerous fumes.
Assaults: Physical and sexual assaults by passengers or fellow crew members.

What Compensation Can You Recover Under the Jones Act?

If you are successful in your Jones Act claim, you may be able to recover compensation for a variety of damages, including:

Medical Expenses: The cost of all medical treatments, surgeries, rehabilitation, and medications related to your injury.
Lost Wages: Compensation for the time you have been unable to work due to your injury, as well as future lost earnings if your injury affects your ability to work in the future.
Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life caused by your injury.
Maintenance and Cure: Daily living expenses and medical treatment until you reach maximum medical improvement.

Proving Negligence in a Jones Act Claim

To win a Jones Act lawsuit, you must prove that your employer was negligent and that this negligence caused or contributed to your injuries. This can be a lower burden of proof than in other personal injury cases. You could win a Jones Act claim by proving your employer’s action contributed to your injuries. In other personal injury lawsuits, you must prove the defendant’s conduct was the direct and proximate cause of your injuries.

Some examples of negligence on a cruise ship include:

Unsafe Working Conditions: Failure to maintain a safe working environment, such as slippery decks, inadequate lighting, or lack of safety equipment.
Improper Training: Failure to provide adequate training to crew members on how to perform their jobs safely.
Defective Equipment: Failure to provide safe and properly functioning equipment.
Understaffing: Requiring crew members to work excessive hours or perform tasks beyond their capabilities due to understaffing.

Time Limit for Filing a Jones Act Claim

It’s important to be aware that the Jones Act has a statute of limitations, which is the time limit within which you must file a lawsuit. In most cases, you have three years from the date of your injury to file a claim. However, there may be exceptions to this rule, so it’s best to consult with an attorney as soon as possible to protect your rights.

The Importance of Seeking Legal Advice

Navigating the complexities of the Jones Act can be challenging, especially when you are recovering from an injury. It’s crucial to seek legal advice from an experienced maritime attorney who can:

Evaluate your case and determine if you qualify for protection under the Jones Act.
Investigate the circumstances of your injury and gather evidence to support your claim.
Negotiate with the cruise line and its insurance company to reach a fair settlement.
File a lawsuit on your behalf and represent you in court if necessary.

Common Injuries for Cruise Ship Crew Members

The types of potential injuries and events on a cruise ship are similar to those on land. However, there is a higher risk of occurrence in certain situations, due to the circumstances and environment of being on a ship. Common cruise ship crew injuries include:

Back, shoulder, and soft tissue injuries from lifting too much weight.
Slip and fall injuries.
Repetitive motion injuries.
Food poisoning and food-borne illnesses.
Contagious viral and bacterial illnesses.
Medical negligence and malpractice.
Physical and sexual assault by passengers or fellow crew members.

Cruise Ship Company Responsibility for Crew Member Safety

Cruise ship companies are responsible for protecting their crew members’ safety while they are working on board. They have legal obligations, safety standards, and regulations they must follow. If a cruise ship company fails to meet these standards, crew members can hold them liable for any resulting injuries or accidents that occur.

Conclusion

If you’re a cruise ship crew member who has been injured on the job, it’s essential to understand your rights under the Jones Act. This federal law provides crucial protections for seamen who are injured due to their employer’s negligence. By seeking legal advice from an experienced maritime attorney, you can protect your rights and pursue the compensation you deserve.