Cruise Ship Employee Rights Under Maritime Law

If you suffer injuries on the job as a cruise ship employee, you have rights under maritime law. These legal protections allow you to work with a Florida cruise ship accident lawyer to hold your employer accountable for their negligence and recover compensation for accidents, injuries, and mistreatment.

As an employee who works on the open ocean on a seafaring vessel, you do not qualify for workers’ compensation. However, maritime law provides a way for you to get medical care, lost wages, and other compensation for your injuries, expenses, and losses.

What Is Maritime Law?

If you are an injured cruise ship worker, the most important thing about maritime law is that it provides you legal protections. This law gives you rights and options for seeking a legal remedy if you were hurt, became ill, or were wrongfully terminated.

Also called admiralty law, this law governs what happens on navigable waters, whether you are on a cruise ship, an oil rig, or a commercial fishing vessel. This body of law includes several key parts, including the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and other maritime regulations.

You will want to work with an attorney familiar with these laws and handling these cases, such as a maritime injury lawyer from our team. These laws are specialized, so understanding them is typically much easier if your legal representative has relevant knowledge and experience with similar cases. Many workplace injury attorneys are not equipped to handle these cases.

Who Is Covered by Maritime Law After a Cruise Ship Injury?

Most employees who work on a cruise ship should qualify to pursue compensation based on maritime law after an injury. This could include hospitality staff, entertainers, deckhands, engineers, and medical professionals. This is true even if the employee is from another country or has a contract that seems to limit their legal options.

If a cruise ship operates on navigable waters, docks at a U.S. port, or is operated by a U.S. company, maritime law applies to all workers on board, including when the cruise company registers its ship under a foreign flag.

What Protections Are Available to Cruise Ship Workers Under the Jones Act?

One of the most important laws protecting cruise ship workers is the Jones Act. This is a part of the Merchant Marine Act of 1920, 46 U.S. Code § 30104. This law gives injured seamen the right to sue their employer for damages. This is possible when the employer, such as a boat owner, captain, or cruise company, acts negligently and the worker suffers injuries.

The Jones Act defines a seaman as someone who: 

• Contributes to the mission of the vessel, particularly navigation
• Spends a significant amount of their working time aboard the vessel

This describes most cruise ship employees. Under the Jones Act, if workers can prove negligence, they can recover compensation for:

• Medical expenses
• Lost wages
• Diminished earning capacity
• Pain and suffering

Some possible ways cruise line negligence can cause injuries include: 

• Unsafe working conditions
• Inadequate training or supervision
• Faulty equipment or maintenance
• Assault by a fellow crew member due to poor security

What if the Cruise Ship Is Not Seaworthy?

Sometimes, workers suffer injuries because a ship is not safe. The employees are hurt because they have unsafe working conditions. When this occurs, it may be possible to bring a claim based on the unseaworthiness of the vessel. This type of claim is generally made against the shipowner, which may or may not be the employer.

Under maritime law, a vessel is considered “unseaworthy” if it poses unreasonable risks to the crew. Some examples could include:

• Broken safety equipment
• Unreasonably slippery decks or ladders
• Inadequate staffing
• Poor sanitation or food safety

Claims that a boat is unseaworthy do not require proof of negligence. Instead, it is only necessary to document the condition of the ship and show that this poor condition caused the injury or illness.

Handling Retaliation and Wrongful Termination on a Cruise Ship

Cruise ship employees have the right to report problems and seek fair compensation. Cruise lines cannot fire or retaliate against employees who report injuries, unsafe conditions, or workplace harassment under maritime law. However, just like in other industries, workers could experience:

• Termination after filing an injury report
• Blacklisting or contract non-renewal for a complaint about conditions
• Harassment or demotion for whistleblowing

Cruise ship employees who experience this kind of retaliation should discuss their options with a maritime lawyer. The attorney can assess whether their employer violated federal maritime protections or other applicable labor agreements.

Why Legal Help Is So Important in a Cruise Ship Employee Injury Case

If you were hurt at work on a cruise ship, you should discuss your case with a Florida personal injury lawyer who handles maritime law cases. These claims are complex and could involve:

• Maritime laws
• International laws
• Arbitration clauses
• Jurisdictional disputes
• Major cruise lines with corporate legal teams
• Huge corporate insurers to defend claims

Our attorneys are familiar with Jones Act claims and other maritime law. You can count on us to:

• Determine if you qualify under the Jones Act or other maritime protections
• Manage all paperwork and necessary documentation
• Investigate your case and secure critical evidence
• Ensure you meet all deadlines and notice requirements
• Represent you in arbitration or federal court
• Maximize your compensation based on the applicable laws

Most maritime injury lawyers provide free consultations and work based on contingency. You should not need to pay an attorney up front to manage your case and pursue compensation for you after a work injury on a cruise ship.

Talk to a Member of Our Cruise Ship Injury Team for Free Today

If you suffered an injury while working on a cruise ship, reach out to us to learn how a maritime injury attorney from our team can help. We understand cruise ship employee rights under maritime law and how to advocate for accident victims like you.

Chalik & Chalik Injury Lawyers has secured multiple seven-figure settlements and judgment awards for clients over the years. Contact us today for a free consultation to learn how we can help you.

Cruise Ship Accidents FAQ:

Can I Sue MSC Cruises for an Accident?

You can sue MSC Cruises for an accident if you can prove that the cruise company or someone in their employ displayed negligent behavior that led to your accident. A Fort Lauderdale cruise ship accident lawyer from our firm can help you find the evidence you need to prove such a case. By suing MSC...

Can I Sue Disney Cruises for an Accident?

You could sue for the accident if you or a loved one suffered an injury while on a Disney Cruises trip. You must prove the cruise liner was negligent in causing your accident and resulting injuries. Doing so can be difficult alone. However, when a Florida cruise ship accident lawyer represents you, they can help...

Can I Sue Royal Caribbean for an Accident?

You can sue Royal Caribbean for an accident that occurred during a cruise. However, you must prove the injuries you sustained resulted from negligence by the cruise line. A Florida cruise ship accident lawyer can help you prove negligence, clarify your rights, build a compelling case for financial recovery, and deal with the insurance company...

Can I Sue Princess Cruises for an Accident?

If an accident interrupted your cruise because you were injured, you could sue Princess Cruises. To do so, you must prove that negligence caused your accident. That means proving it did something—or failed to do something—that led to the accident. You’ll need to investigate the incident and its cause, collect evidence, and file an insurance...