Articles Tagged with “Crew Member Wage Lawyer”

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.

batch_of_dollars.jpgWe are often contacted by crew members who were discharged from employment but were not paid all owed wages. Should this happen, you may be entitled to 2 times the wages for each day the ship owner fails to make payment.

Crew Members Employed on American Ships

The Seaman’s Penalty Wage Act provides crew members serving aboard American Ships who are discharged in any port without being paid all earned wages within 4 days the right to sue the ship owner for earned wages plus 2 days wages for each day payment is delayed! This statutory right is provided to both American and non-American crew members. For example, a crew member from Honduras who was discharged in Miami without being paid all earned wages can bring a claim under the Penalty Wage Act.