Know Your Rights as
an Injured Crew Member
Maritime law grants injured crew members powerful protections — but most employers won't tell you about them. This guide explains the laws designed to protect you and exactly what you're entitled to claim.
The Jones Act —
Your Most Powerful Right
The Jones Act (46 U.S.C. § 30104) is a federal law that gives injured seamen — including cruise ship crew — the right to sue their employer for negligence. It is one of the most powerful protections available to maritime workers.
Unlike workers' compensation on land, the Jones Act allows you to pursue full compensation in a court of law. The standard for proving negligence is intentionally low — even a minor lapse in safety by your employer can be enough to win.
Who Qualifies as a "Seaman"?
Courts use a specific legal test. You are likely a seaman under the Jones Act if all of the following apply:
You spent a significant portion of your work time aboard a vessel
The vessel was in navigation (in operation, not permanently docked)
You contributed to the function or mission of the vessel
Your injury occurred in the course of your employment
Good news for cruise crew:
The vast majority of full-time cruise ship crew members — from deckhands to housekeeping to entertainment staff — qualify as seamen under this definition. If you lived and worked aboard the ship, you almost certainly qualify.
What You Must Prove
Seaman Status
That you qualify as a "seaman" under the definition above — typically straightforward for cruise ship crew.
Employer Negligence
That your employer's negligence — even in a very minor way — contributed to your injury. The threshold is very low.
Causal Connection
That there is a direct link between the employer's negligence and the injury you suffered aboard the vessel.
Actual Damages
That you suffered real harm — physical injury, lost wages, medical expenses, or pain and suffering as a result.
Compensation You Can Recover
Past & future medical expenses
Lost wages & future earning capacity
Pain and suffering (physical & mental)
Disability and disfigurement
Loss of enjoyment of life
Punitive damages (in egregious cases)
Jury Trial Right
Under the Jones Act, you have the right to a jury trial — which is not available under other maritime doctrines. Juries tend to be sympathetic to injured workers, and this right alone is a powerful negotiating tool.
Maintenance & Cure —
Owed Regardless of Fault
This is one of the oldest rights in maritime law. Your employer owes it to you automatically — no lawsuit required, and no need to prove anyone was at fault.
What is "Maintenance"?
Maintenance is a daily living allowance paid by your employer to cover basic living expenses — food and lodging — while you are recovering from your injury and unable to work aboard the vessel.
Current Rates (2024)
If your actual expenses exceed the offered rate, an attorney can argue for a higher amount. Never accept the minimum without challenge.
What is "Cure"?
Cure is your employer's obligation to pay for all necessary medical expenses related to your injury — including doctor visits, surgeries, physical therapy, prescriptions, and specialist care — until you reach Maximum Medical Improvement.
Covers all reasonable medical treatments
Includes specialist referrals and surgery
Physical therapy and rehabilitation
Prescription medications and equipment
Does NOT cover cosmetic or unrelated care
When Does Maintenance & Cure End?
M&C continues until you reach Maximum Medical Improvement (MMI) — the point where your condition has stabilized and further treatment will not significantly improve it. This determination must be based on genuine medical assessment, not financial pressure from your employer. Many employers try to declare MMI prematurely to cut off benefits — this is one of the most common violations our partner attorneys handle.
Common Employer Tactics — And the Truth
“Claiming the injury was pre-existing”
Even if you had a prior condition, employers owe M&C if the injury was aggravated by your work.
“Saying you've reached "MMI" too early”
MMI (Maximum Medical Improvement) must be determined by a neutral physician — not your employer's doctor.
“Offering a lump-sum settlement to cut off benefits”
Never accept a settlement without legal advice. You may be waiving much larger rights.
“Stopping payments after you return home”
M&C continues regardless of where you are — your location does not end your employer's obligation.
Filing Timelines &
Statute of Limitations
Missing a filing deadline permanently ends your right to compensation — no matter how strong your case is. These deadlines are strictly enforced by courts with very limited exceptions.
From the date of your injury. This is the most commonly used maritime claim for injured crew members.
Three years from the date of the injury caused by an unseaworthy vessel condition.
For wrongful death occurring more than 3 nautical miles from shore.
Three years from the date your employer unreasonably refused to pay benefits.
Only 1 year — and sometimes as little as 6 months per the ticket contract. Crew contracts may also contain shortened periods.
Check your contract. Some employment contracts contain shortened notice requirements — as little as 6 months. Never assume the standard 3-year window applies to your specific situation without legal review.
What to Do After an Injury — Timeline
Injury Occurs
The statute of limitations clock starts immediately — even if you do not yet know the full extent of your injuries.
Seek Medical Attention
Document everything. Keep all medical records, incident reports, witness contacts, and communications with your employer.
Consult an Attorney
The earlier you contact a maritime attorney, the stronger your case. Evidence is preserved, witnesses are still available.
File Your Claim
Your attorney files before the statute of limitations expires. Missing this window permanently bars your right to compensation.
Other Rights You May
Not Know You Have
The Jones Act and Maintenance & Cure are not your only options. Maritime law provides multiple overlapping protections that can be combined to maximize your compensation.
Unseaworthiness
Ship owners have a non-delegable duty to provide a seaworthy vessel — one that is reasonably fit for its intended purpose. If defective equipment, unsafe conditions, or an incompetent crew member caused your injury, you may have an unseaworthiness claim directly against the vessel owner, regardless of negligence.
Unlike Jones Act, unseaworthiness does not require proving negligence — only that the vessel was not fit.
Wrongful Termination & Retaliation
Federal maritime law prohibits employers from retaliating against crew members for reporting injuries, seeking medical treatment, or filing legal claims. If you were fired, demoted, denied future contracts, or harassed after reporting an injury, you have additional grounds for a claim.
Document all communications with management after your injury — this becomes key evidence.
PTSD & Psychological Injury
Maritime law fully recognizes psychological injuries, including PTSD resulting from traumatic events at sea — accidents, assaults, near-drownings, witnessing deaths, or prolonged dangerous working conditions. These claims require specialized legal expertise and the right medical documentation.
Psychological injuries are compensable even when there is no accompanying physical injury.
Negligent Medical Care
If the ship's medical staff misdiagnosed, delayed treatment, or worsened your condition through negligent care, you have a separate claim for medical negligence. This is in addition to any Jones Act or unseaworthiness claim you may have against your employer.
Always request copies of all medical records and incident reports before leaving the ship.
Now That You Know
Your Rights —
Let Us Help You Use Them
Reading about your rights is the first step. The next is connecting with an experienced maritime attorney who will fight to enforce them. Our free case review is completely confidential and carries zero obligation.