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Articles Tagged with “Crew Member Injury”

Sometimes crew members develop additional injuries or illnesses while on sick leave. Often times these new injuries or illnesses have nothing to do with the shipboard accident which placed them on sick leave in the first place. The question on the minds of these crew member is does the cruise line or ship owner have to pay for the medical treatment of these new injuries or illnesses? The answer is YES.

ankle xray.jpgUnder the maritime law doctrine of “maintenance and cure”, a cruise line or ship owner must provide a daily living allowance (Maintenance) and medical treatment (cure) to its crew members who were injured or when an illness manifested itself while subject to the call of the ship. This duty to provide maintenance and cure lasts until the crew member reached maximum medical cure. Maximum medical cure is simply the stage were the injury or illness is resolved or there is no further medical treatment that could better the crew member’s condition.

Courts have determined when a crew member is on sick leave, he is technically still subject to the call of the ship because when he gets better, he will go back to work. As such, these courts reasoned that since the crew member is subject to the call of ship while on sick leave, the cruise line or ship owner must provide maintenance and cure for any additional injuries or illnesses arising during that period. For example, if a crew member is on sick leave for bronchitis and on the way to the supermarket is hit by a car, the cruise line or ship owner must provide maintenance and cure for any injuries resulting from the car accident.

Our lawyers routinely handle cases where the crew members’ conditions worsen or new injuries occur due to the substandard medical treatment of the doctors selected by their employers.

Doctor.jpgUnder maritime law, an employer has the duty to provide prompt, proper and adequate medical treatment to its sick and injured crew members. This means an employer is required to promptly select a suitable doctor for its injured crew members. Should the employer fail to carry out its duty, and the crew member’s condition worsens or new injuries arise, the employer is liable for those injuries. For example, should a crew member sustain an eye injury, and the employer selects a general practitioner who is not suitable to treat an eye injury, the employer will be liable should the crew member loose eyesight.

Furthermore, an employer is obligated to closely monitor the crew member’s medical care and intervene if the doctor provided is inadequate. This means if the doctor is not properly diagnosing and/or treating the sickness or injury, the employer has the duty to find another doctor who can properly care for the crew member.

In recent years, courts have begun to find employers strictly liable for the medical malpractice of the doctors they select even though there was nothing in the doctor’s past which could alert them that the doctor may not be suited to treat the injured crew member.

The bottom line is crew members have the right to be sent to qualified doctors should they get sick or hurt when subject to the call of duty. If the employer fails to provide quality doctors, they will become liable for any poor result.
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