Yacht crew members work long hours on rolling decks, stay in tight quarters and encounter unpredictable weather conditions. Injuries and sudden illness can be ongoing risks in their profession. When a deckhand slips on a wet deck, or a steward falls ill offshore, an immediate question arises, “Who is responsible for the medical bills?” Maritime law handles these scenarios completely differently from standard workers’ compensation.
Maintenance and cure: The shipowner’s duty
Under maritime law, a shipowner owes maintenance and cure to a qualified seaman who is injured or becomes ill while in the service of the vessel, including certain off-duty periods and authorized shore leave. This obligation applies regardless of employer fault, except in cases of willful misconduct, gross intoxication or or concealed preexisting conditions.
Maintenance pays for daily living costs, including rent, food and utilities, while cure pays for medical treatment, therapy and medication. These payments continue until the mariner reaches maximum medical improvement.
The Jones Act: Pursuing compensation for negligence
Yacht crew members who qualify as “seamen” may also bring a claim under the Jones Act if their employer’s negligence contributed to the harm. If successful, they can recover damages beyond maintenance and cure from the employer, including lost wages, lost future earning capacity, medical expenses, pain and suffering and other related losses. To succeed with this claim, workers must show that the owner, captain or a crewmate acted carelessly and caused the injury.
Steps every injured yacht worker should take
To protect the evidence and support both maintenance and cure benefits and any potential Jones Act negligence claim, injured crew members should:
- Report the injury immediately to the captain or owner.
- Get medical care if able and preserve every record, bill and diagnosis.
- Avoid signing settlement papers or giving recorded statements before talking to legal counsel.
- Keep track of lost wages, missed contracts and any continuing medical issues.
Gaps in paperwork often give insurers a reason to fight the payout later.
If an employer refuses to pay
When an employer refuses payment without a valid basis, additional legal consequences may follow. Workers may be able to recover the unpaid benefits, attorney’s fees and, in serious cases, punitive damages.
Time is of essence when taking legal action
Maritime injury claims must generally be filed within three years, but certain cases have much shorter deadlines. Getting legal assistance at the right time can help the yacht employees protect their rights and financial stability.