A serious yacht injury can disrupt much more than your next shift. For deckhands, stews, chefs and other crew members, one accident can leave you wondering how you will pay rent, who will cover your medical care and whether you will still have a job. Maritime law may provide key protections while you recover.
What benefits may be available after an injury?
Workers who meet the requirements for seaman status may have a right to maintenance and cure when injured or ill in the service of a vessel. These benefits are separate from ordinary wages and may include:
- Maintenance: Reasonable costs for food and lodging while recovering.
- Cure: Necessary medical care related to the injury or illness.
- Wages: Maintenance is not a substitute for wages.
Whether an injured worker can recover unpaid wages, lost earnings or lost earning capacity depends on the employment arrangement and the legal claims available in the particular case.
Maintenance and cure generally continues while the seaman needs treatment, including until further medical care is not expected to improve the condition, subject to the applicable maritime law standard and the facts of the case.
Who pays for medical treatment?
Cure generally covers necessary medical care when a qualifying seaman is injured or ill in the service of a vessel. This may include treatment, hospital care, medicines and medical equipment.
Do not assume the yacht owner or insurer’s medical assessment will resolve every issue about your condition. Keep complete medical records and document the care you receive.
Can you receive more if someone was at fault?
Maintenance and cure do not require proof of negligence. But more compensation may be available when negligence or an unseaworthy vessel caused the injury.
A qualifying seaman may have a Jones Act claim against an employer or an unseaworthiness claim against a vessel owner. Available damages may include medical costs, lost wages, lost earning capacity and pain and suffering, depending on the facts and the applicable maritime law standard.
Can you be fired for reporting your injury?
The Seaman’s Protection Act protects qualifying seamen from certain forms of retaliation for engaging in protected activities, including reporting specified safety or maritime law concerns.
If an employer or captain threatens your job after you report an injury, federal law prohibits certain forms of retaliation, including discharge, demotion, harassment, intimidation, threats or blacklisting.
Document the injury, medical treatment and communications with the employer. Taking these steps early can help protect your rights while you recover.