Maritime Injuries

If you are a seaman, or a member of the crew of a vessel, then you have certain rights and remedies if injured while working aboard the vessel. “Seamen” include deckhands, members of the engine or stewards departments, and also can include fish processors and, on pleasure boats, the barbers and other attendant personnel.

The rights of injured seamen arise out of general principles of Maritime Law which developed originally in England centuries ago, and strengthened by provisions of the Jones Act. The rights and remedies of an injured seaman depend upon whether or not the injury is caused by some kind of unseaworthy, unsafe or negligent condition or conduct aboard the vessel.

If you are injured at sea or become ill, you have three important rights or benefits. These benefits are payable regardless of whether the injury or illness was caused by unseaworthiness or negligence.

1. Maintenance

You are entitled to the payment of maintenance until you become medically stable. “Maintenance” is intended to represent a sum of money which will compensate for the loss of room and board and other amenities available aboard ship. Sometimes maintenance is set by contract and can be as little as $8 a day and, absent contract, is set at some rate intended to represent the reasonable value of room and board in the community where the injured seaman returns for medical treatment, $20 to $30 a day or more. Maintenance is payable by the ship owner until the injured or ill seaman has reached “maximum medical improvement.” This does not mean necessarily that the seaman has been “cured” and is back to normal, but only that the medical treatment has reached a point where it is not likely to produce any further improvement and the seaman is considered medically stable.

2. Cure

You are entitled to the payment of all reasonable medical expenses. This is called “cure.” These expenses are payable until the seaman reaches maximum medical improvement. An injured or ill seaman is entitled to seek medical care from a healthcare provider of his or her choice, is entitled to all reasonable medical treatment and diagnostic procedures, such as MRI’s, EMG’s, lab work or other studies which are thought necessary by the treating physician. You are entitled to payment of the fees for treatment by specialists, such as neurologists or orthopedists, together with hospital, surgical or other expenses which might arise. Physical therapy and chiropractic care is also considered part of “cure.” Medical expenses must be “reasonable.” A ship owner may decline to pay for a diagnostic procedure which is thought to be unnecessary, or for referral to specialists who aren’t required, or for extended physical therapy, chiropractic treatment or massage therapy which the ship owner believes is not necessary.

3. Wages Until the End of the Voyage

If you must leave the vessel because of injury or illness, you are entitled to the payment of wages you would have earned until the “end of the voyage.” There is dispute about the meaning of this term. Generally it does not mean the length of the employment contract or articles, but, usually, the duration of the particular trip or voyage during which you became ill or injured. For example, you must sign articles to serve on a vessel which travels from the West Coast to Far East ports and back, conducting several such trips. If you are injured in the middle of one of those particular trips, normally the ship owner will only pay wages until the end of that voyage. The wages that are paid are base wages only. It does not include overtime that might have been earned for the balance of the voyage even though you were routinely earning overtime prior to your illness or injury.

While you are entitled to the payment of maintenance, cure and wages until the end of the voyage, disputes can arise about whether or not medical care is necessary and reasonable, the amount of maintenance, whether or not you have reached “maximum medical improvement,” or the amount of wages payable to the end of the voyage. If these disputes cannot be resolved informally, you have a right to bring in court to enforce your remedies and, in some instances, you are entitled to a court order requiring the ship owner to pay attorney fees.

Claims against the Employer or Shipowner

Men and women are injured aboard vessels or, occasionally, become ill because of an unsafe condition or practice, unseaworthy conditions or equipment, or the negligence of a fellow crew member or other persons aboard the vessel. If injury or illness is caused by such negligence or unseaworthy equipment, personnel or procedures, then a claim can be brought for additional benefits. These include claims for past and future income loss, future medical expenses, costs of retraining if you are unable to return to work, and general damages for pain, suffering, disability, and loss of enjoyment of life. All of these benefits are in addition to the right to maintenance, cure and wages until the end of the voyage.