U.S. laws are designed to protect crew members. Under federal general maritime law, seamen have historically been viewed as wards of the court to be treated by shipowner-employers with the same care as children. United States maritime laws are among the most robust in the world.
Crewmember Claim for Wages
Under U.S. law, a shipowner must pay a seaman all wages in full at the end of a voyage unless the parties have agreed to other payment terms in writing. Failure to pay as required may subject the shipowner or maritime employer to a penalty of two days’ wages for each day payment is delayed. If a shipowner establishes sufficient cause for failure to pay, then no penalty wages are owed.
If you have worked as a crew member and have not been paid what you are owed, you may be entitled to recover your wages as well as two days’ penalty wages for each day of nonpayment.
Mase Seitz Briggs has extensive experience handling wage claims, and our maritime trial attorneys in Miami, Florida, can help you determine if you are owed wages and whether you are also entitled to penalty wages and other damages due to nonpayment.
Understanding Retaliatory Discharge
Under U.S. law, a seaman injured on the job has the right to bring a claim against his or her employer for personal injury suffered during the course of their employment.
It is unlawful for a shipowner or maritime employer to blacklist or otherwise retaliate against a crew member for making a personal injury claim. Engaging in retaliation subjects maritime employers to a separate and independent claim for retaliatory discharge or blacklisting.
Examples of retaliation include:
- Termination
- Threats of firing
- Blacklisting from future employment in the maritime industry
- Demotion or reduction in job duties
- Harassment or creating a hostile work environment
If an employer retaliates by discharging a crewmember, the seaman can file a separate legal claim. Such claims can allow the seaman to recover compensatory damages for lost wages, emotional distress, and punitive damages intended to deter employers from retaliating against employees who seek fair treatment.
Mase Seitz Briggs has experience holding maritime employers accountable for retaliatory discharge, safeguarding crew members' rights as they pursue rightful compensation.
Types of Maritime Injuries Covered
Maritime injuries can vary greatly, ranging from slip-and-fall accidents on wet decks to severe injuries caused by heavy machinery or chemical exposure. Common injuries include:
- Pain and suffering
- Broken bones
- Spinal injuries
- Head trauma
- Emotional distress
- Burns
- Repetitive stress injuries
- Hearing loss from prolonged exposure to loud machinery
- Chemical exposure injuries
- Wage loss
- Medical Expenses
Each injury presents unique challenges for recovery and potential compensation. In maritime cases, seamen may be entitled to "maintenance and cure," which ensures coverage of medical expenses and living costs during recovery.
Common Challenges in Maritime Injury Cases
While maritime laws are designed to protect workers, enforcing these rights can be complex. Navigating these claims requires experienced maritime attorneys familiar with federal maritime statutes, international maritime law, and the Jones Act. The attorneys at Mase Seitz Briggs have handled landmark cases that have shaped maritime law as it is defined and interpreted today. See Bautista v. Star Cruises, 396 F.3d 1289 (11th Cir. 2005).
Jones Act Claims for Negligence
In addition to general maritime law, the Jones Act provides crew members with a cause of action if their injury was due to the employer’s negligence. Under the Jones Act, a crew member can seek compensation for physical and emotional injuries, pain and suffering, lost wages, medical bills, and other damages. Our attorneys at Mase Seitz Briggs have extensive experience in proving negligence under the Jones Act and securing fair compensation for crew members.
Arbitration
Shipowners frequently include arbitration clauses in their contracts with crew members. This is especially true for crew members who are not from the U.S. In these cases, disputes typically call for arbitration outside the U.S. under foreign law (i.e., not U.S. general maritime law).
Arbitration is the process of having a dispute resolved out of court, where a designated arbitrator(s)—often a lawyer or retired judge— decides your case like a judge. Any award issued during arbitration is legally binding on both parties and enforceable in courts, just like a judgment. If arbitration is required for your claims against your employer, that means you cannot sue them in court.
You need a maritime trial attorney experienced in arbitration to pursue your claims and maximize your compensation. Mase Seitz Briggs has decades of experience in this area and has successfully arbitrated numerous crewmember claims.
Pre-Hearing Discovery
Pre-hearing discovery in arbitration is much more limited than in a typical civil lawsuit. Since arbitration is a private dispute resolution process, it can be expensive. However, our firm will advance all necessary costs to pursue your claim. We get paid only if you win. Arbitration may occur in distant locations, often where the ship is “flagged.” We will pursue your claim wherever required. We have successfully arbitrated crew member claims in Panama, the Philippines, Monaco, France, London, and throughout the United States.
Crew member arbitration clauses are enforced under an international treaty called the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This is also known as the New York Convention. Arbitration is permitted under the New York Convention when:
- There is a written agreement between the parties
- The agreement requires arbitration to occur in a country that is a signatory to the New York Convention
- The agreement arises out of a commercial relationship
- A party to the agreement is not an American citizen, or the relationship has a reasonable relationship with one or more foreign countries
Maintenance and Cure Claims
Are you owed Maintenance and Cure?
Under U.S. general maritime law, shipowners have a duty to provide injured crew members with maintenance and cure. Maintenance and cure is a longstanding duty that has been a fundamental part of maritime law since the adoption of admiralty and maritime sea codes in medieval Europe.
Maintenance is a per diem living allowance to provide a seaman with food and lodging similar to what he or she would receive working aboard the vessel. A shipowner is required to provide lodging, meals, and necessary medical attention to its crew members who become ill or injured while in service of the vessel.
“Cure” is payment of medical and hospital expenses up until the point that the crew member reaches maximum medical cure. You are entitled to both, even if the shipowner was not responsible for your injuries. Maintenance and cure is a powerful doctrine on the side of ill and injured crew members.
Mase Seitz Briggs knows how to make these laws work for you.
If you were entitled to maintenance and cure, and your employer denied it, you are entitled to be paid the maintenance and cure you were owed. Maritime law also provides additional “tiered” damages for nonpayment of maintenance and cure, if your employer unreasonably or willfully and in bad faith denied your maintenance and cure.
Recoverable damages may include aggravation of your condition or prolonged pain and suffering. In some instances, you may also recover interest if you had to pay “out of pocket” expenses because your maritime employer failed to pay maintenance and cure.
If the failure to pay maintenance and cure was willful and in bad faith, your employer could also be liable for attorney’s fees and punitive damages. Punitive damages are meant to punish and deter others from acting in the same way in the future. Courts typically impose this higher level of fault when the shipowner’s actions were “callous and recalcitrant,” “arbitrary and capricious,” or “willful and persistent.”
Helping Crewmembers Recover Compensation After Illness or Injury
The law surrounding this tiered analysis is complex, and our maritime trial attorneys played a key role in creating it. Learn more about the case our firm handled that established the three-tiered damages model for failure to pay maintenance and cure.
With decades of experience in handling maintenance and cure claims, Mase Seitz Briggs knows how to get you the maximum compensation following an illness or injury[CR1] .
Crewmember Negligent Medical Care Claims
Shipboard Medical Provider Malpractice
The duty to provide crew members with maintenance and cure means your maritime employer is responsible for providing you with proper medical care up until you are at maximum medical cure.
The Jones Act provides a cause of action for breach of the duty to provide maintenance and cure. Your employer must provide you with “prompt,” “proper,” and “adequate” medical care. If it does not, you may have a claim for “failure to provide prompt, proper, and adequate care.” This includes delaying or denying necessary treatment, or providing you with minimal medical care. The fact is that many people heal without medical care. When they do not, however, the consequences can be disastrous. You could have a claim if that happens.
If you were injured or became ill while working as a crew member, you likely received medical attention from the ship’s doctor or a doctor once the ship returned to port. If you were not provided proper medical care, your treatment was delayed, or a doctor provided by your employer gave you the wrong care, you may have a claim.
Under a theory of vicarious liability, shipowners may be responsible for substandard healthcare provided under their maintenance and cure obligation. Vicarious liability provides that a superior is liable for certain acts of its subordinate. In this context, it means that your employer could be liable if one of its providers failed to treat you properly. Our maritime trial attorneys have decades of experience handling crew member malpractice claims and know how to secure the best possible outcome for you.
Contact Mase Seitz Briggs Today
Mase Seitz Briggs has decades of experience in handling crew member cases and claims. We know how to get you the compensation you deserve. If you are a crew member and have suffered an injury, have not been paid what you are owed, or have otherwise not been treated properly, call us today for a free consultation.
Comprehensive Experience in Representing Maritime Workers
Our maritime trial lawyers are based in Miami, Florida, a hub for many shipping and charter companies near two of Florida’s busiest ports, Port Miami and Port Everglades. Our firm’s lawyers specialize in handling crew member matters and have handled maritime-work cases globally, including in Panama, the Philippines, Monaco, France, and the United Kingdom.
Crew members are entitled to legal protection, and attorneys experienced in handling crew member claims to protect their rights, secure their well-being, ensure employers treat them fairly, and to help enforce the laws of the United States and other countries.
Mase Seitz Briggs provides that expertise. Our skilled maritime attorneys have handled maritime lawsuits worldwide and can help you if you or a loved one has been injured as a crew member.
