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What are your rights as a Crew Member?
In this article, we will discuss various situations, unsafe practices, incidents, and accidents that can lead to crew members being harmed, injured, or, in severe cases, losing their lives.
As always, our website is dedicated to providing essential information about working at sea, including potential risks, real-life cases, and details on eligibility for compensation for crew members or their families in the worst-case scenarios.
On cruise ships and yachts, crew members frequently experience incidents and accidents as part of their daily routines. However, many injuries go unreported due to fear of job loss or retaliation for speaking up. Even when injuries are reported, delays in filing claims can severely limit a crew member’s ability to seek compensation, sometimes leaving them with no options at all.
Within the global #SHIPLIFE community, it is widely known that crew members do not always receive the proper medical care or compensation they deserve for work-related injuries. Many also report being paid less than their disclosed salary and facing mistreatment from colleagues and, more often, superiors leading to serious emotional and psychological trauma.
Under the Jones Act, a seaman who is injured while on duty has the legal right to file a lawsuit against their employer. To qualify as a “seaman,” the worker must either aid in the navigation of the vessel or contribute to its mission. For example, all crew members aboard a cruise ship are considered seamen because they contribute to the vessel’s primary purpose—providing cruise vacations. The same applies to yacht crew members.
If you have suffered an illness or injury while working onboard a cruise ship or yacht, you are legally entitled to compensation.
At this point, you may be wondering which law firm is best suited to help you with your case. As always, we conduct thorough research to bring you only the most reliable and trustworthy information. When it comes to legal assistance, reaching out to a professional maritime law firm is the best course of action to ensure you receive the support and compensation you deserve.
All seafarers, regardless of their country of origin, the flag of the vessel, or the cruise or yacht company they work for, have rights under maritime laws. These rights include receiving wages and tips, proper medical care, food, shelter, transportation, and other benefits outlined in their contracts. These topics must be covered by your employer, but what happens if they’re not?
In such cases, an experienced maritime lawyer can provide the best advice on how to proceed. Consulting with a lawyer is confidential, so crew members facing potential legal issues should reach out to a maritime lawyer as soon as possible, without fear of their employer finding out. The lawyer may advise the crew member to continue working and wait, or they might suggest taking immediate action.
This is not a paid promotion, it is our honest review and trust that while we hope you will never need to contact them, but we strongly suggest that if you or your family members ever find yourselves in need, you can reach out to:
In 1971, Charles Lipcon founded this law firm because he wanted to help people who were treated unfairly by the cruise ship industry, and, as the largest maritime law firm with over 50 years in service, they truly know how it feels to have been mistreated and harmed after taking care of thousands of crew members worldwide, and the best part is that they offer a free consultation service. A specialized person will listen and pay attention to all your inquiries and help you out sort any claims you might have, and then and only then they will proceed with the correct course of action.
In order to help you understand which kind of situations you might be eligible to a compensation, we prepared a special FAQ that will for sure help you out by asking questions like:
What situations are NOT ELIGIBLE for claims when working on a cruise ship or yacht?
In some South American countries, such as Colombia, Peru, and especially Brazil, several cases have arisen where local law firms attempted to sue cruise lines over contract issues. These firms argued that local law should take precedence over the terms of the contracts. While most of these cases were quickly dismissed, in some instances, compensations were awarded due to judges’ lack of familiarity with international maritime law. Unfortunately, this led some cruise lines to permanently ban certain nationalities from being hired.
So, ultimately, you cannot sue cruise lines based on terms that were written on your contract (that you signed) and attempt to translate them to your local labor laws in order to acquire extra judicial compensations.
What situations are eligible for claims when working on a cruise ship or yacht?
Eligible situations include Personal injury or wrongful death, poor medical care and sick wages (maintenance and cure), unpaid wages, early termination of employment, harassment, including rape and sexual harassment, fraud, such as being asked to falsify work/rest hour logs or oil/waste discharge reports.
Am I eligible to file a claim regardless of my nationality or which cruise line I work for?
Yes. The protective laws in the United States extend beyond its borders. For example, LMW (Lipcon, Margulies, Alsina & Winkleman) regularly represents crew members from dozens of countries working for shipping companies incorporated outside the United States. This is common for most cruise lines where the crew is from outside the U.S., the ship is flagged under a foreign country, and the cruise line is incorporated abroad but U.S. laws still apply when the cruise line’s headquarters are based in the U.S.
What happens after I contact Lipcon? Do I need to be on board?
Whether you’re currently on board or not, once you contact LMW, you’ll quickly be connected with one of their experienced maritime lawyers. They will provide immediate and clear advice on the next steps and long-term strategies for addressing your legal concerns.
LMW will open a case file, and when appropriate, will either settle the claim directly with the employer or file a lawsuit or arbitration. They will work diligently to obtain compensation and maximize the value of your claim. Thanks to LMW’s size and expertise, your calls and inquiries will be answered quickly, claims will be resolved efficiently, and your recovery will be maximized helping you get the financial and medical support you need.
Should I expect a large financial recovery?
While every case is different, LMW has achieved outstanding results for clients, including recoveries in the eight figures. For example, they represented the estates of crew members wrongfully killed aboard the El Faro cargo ship, which sank during Hurricane Joaquin, securing over $10 million for the deceased crew members’ families. In another case, they obtained a $6 million verdict for a crew member who died after being exposed to poisonous gas while repairing a sewage system.
LMW regularly secures hundreds of thousands of dollars for crew members who suffer life-changing injuries, such as to their back, neck, knees, or limbs, making it difficult for them to continue working aboard ships.
I was on board during the COVID-19 pandemic, and something happened. What now?
The COVID-19 pandemic profoundly affected nearly all crew members, just as it did for people worldwide. Some crew members were forced to remain aboard ships for months without pay. Those who were required to work or were “in the service of the vessel” during the pandemic may have claims for unpaid wages or personal injuries including emotional trauma (such as depression, anxiety, headaches, nausea, and other physical symptoms).
Some crew members may have contracted COVID while on board and can pursue claims for physical injuries and limitations caused by the virus. The more severe the loss or injury due to the pandemic, the stronger the case for compensation. Since each case is unique, it’s important for crew members (or their families) who have suffered loss or injury to consult with LMW’s experienced maritime lawyers for specific guidance on their situation.
Our final piece of advice is a reminder that the future is uncertain, and an unexpected event may occur that could impact your life or the lives of your family members indefinitely.
Take the knowledge you’ve gained here and share it with your family, friends, and even your colleagues so they’re prepared if any situation arises, and keep copies of all your documentation (including payment receipts, contracts and important emails) on a backup file.
Don’t hesitate to reach out to someone who can provide the help and support you may need.