Regrettably, crew members get injured. the Griffin team can assist you in recovery of money damages for your Injuries such as fractures, concussions, herniated discs, exposure to dangerous fumes, burns, assault and battery, sexual assault (rape), and we will assist you to obtain money damages for the death of a family member.

What worker injury laws apply to the cruise ship crew?

The GENERAL MARITIME LAW of the United States, and a Federal Statute known as the JONES ACT apply to cases involving crew members aboard cruise lines. Crew members who aid in the navigation and propulsion of the ship and even crew members such as hospitality staff, cooks, casino workers, and the like, qualify as crew under Jones Act. Even crew hospitality staff qualify because they contribute to the function of the vessel tending to passengers.

What rights does a crew member have under the general maritime law?

An injured crew member is entitled under the General Maritime Law to certain remedies, including maintenance (a daily amount for subsistence during recuperation), cure (medical care), unearned wages to the end of the voyage or employment contract, and repatriation (return to the crew member's home port in the event that he is injured overseas). The general maritime law also provides a tort remedy based on unseaworthiness, a type of strict liability.

What do the terms "maintenance" and "cure" mean?

A seaman is entitled to maintenance and cure when injured or taken ill while in the service of a vessel. This right is broader than under most workers compensation schemes in that the injury or illness need not necessarily be work related under the general maritime law. It is sufficient if the illness manifests itself during the time that the seaman was in the service of the vessel. For example, a seaman who has appendicitis is entitled to have both his medical bills and maintenance paid until he reaches Maximum Medical Improvement following surgery even though the appendicitis was in no way caused by his work conditions nor was it a condition that is traditionally considered "work related" under most workers compensation schemes.

MAINTENANCE is designed to provide the ill or injured seaman with compensation sufficient to pay for care, including lodging expenses. The amount of maintenance to which the seaman is entitled is a factual question, but is often said to be in replacement of the cost to the employer of the food and lodging of the seaman while he was aboard a vessel.

The amount of maintenance in all cases is somewhat at the discretion of the Court not the employer. The minimum maintenance award should be around $30 per day and the maximum will run up to what the seaman can substantiate as living expenses. Living expenses are what it costs to keep a roof over your head and fed.  The obligation of the ship owner or employer to pay maintenance and cure terminates when the seaman reaches what is known as Maximum Medical Cure. If a condition is incurable, the obligation to pay maintenance and cure ends when it is determined that the sickness or incapacity is permanent and the seaman's condition will not improve.

CURE means that the employer is obligated to pay the injured seaman's reasonable medical expenses up until the time of Maximum Medical Improvement. A seaman has the right to select his own physicians and method of treatment, which contrasts with the normal right of the employer to select the physicians under workers compensation schemes.

The obligation of cure is not merely to reimburse an injured seaman for medical expenses. The employer must also make arrangements for the seaman to obtain medical care if the seaman is not in a position to do so.

What are "unearned wages"?

An injured crew member is entitled to unearned wages from the time of incapacity to the end of the voyage or the termination of the shipping articles. Shipping articles are generally signed for overseas trips and an injured crew member who does not complete the term of the articles is entitled to be paid through the end of the articles. In coastwise shipping, it is customary to sign on crew members for a specified period of time and recovery of wages until the end of that term generally is granted.

For some crew members, TIP INCOME may be a significant component of the crew member's wages, in those cases, the average tip income must be included in calculating unearned wages.

Unearned wage claims are rare because a crew member typically has claims for negligence under the Jones Act and for unseaworthiness under the General Maritime Law, both of which permit recovery for lost income.

What does "unseaworthiness" mean?

ANSWER: The doctrine of unseaworthiness is a feature of the General Maritime Law. The warranty of seaworthiness imposed by operation of law on a vessel owner or operator is an absolute and non-delegable duty to seamen to provide a vessel that is reasonably fit for its intended purposes or for its intended voyage. The mere happening of an accident is not evidence of unseaworthiness, but when a breach of the warranty causes injury or death, the vessel and its owner can be found liable.

The duty to provide a vessel that is reasonably safe extends to all parts of the vessel and to almost all facets of its operation. The fact that the unseaworthy condition occurred after the vessel left port is immaterial. It is no excuse that the vessel owner had no notice or opportunity to correct the condition that caused the injury.

How can you help me if I live in another state or city from your law offices?

We will come to you even if that means travel across the nation.  Call our office toll free at 888-479-7776 if you get voice mail Mr Griffin will call you back within 24 hours.

How are your legal fees paid?

We collect a fee only if we recover money damages for you. We charge you a "contingent fee" which is usually one third of the total amount we recover. We advance on your behalf the costs to investigate and prosecute your claim. If we don't make a recovery for you, you owe us nothing. Our fee and recovery of our funds advanced for costs are contingent upon the recovery of money damages for you either through settlement or by a court judgment.

How do I make an appointment with you?

You can e-mail us or telephone us directly. We encourage you to submit via the internet the Case information form Do I Have A Case?. Upon receipt of the form or a telephone message from you we will contact you personally and immediately.

What about sensitive personal information?

We hold all communications from you in the strictest of confidence and will not disclose to anyone without your permission any information. Even if you don't decide to retain us the information you provided us is held in strict confidence and will not be disclosed without your permission.


What if I already have a lawyer?

Mr. Griffin's offer to answer a question for you also includes our willingness to talk to your attorney or answer a question for him at no charge. But, if you have a lawyer, it would be appropriate that you check with him first and get his approval to communicate with us. You should follow his advice as long as he or she represents you and do nothing to jeopardize your case.

E-mail Griffin or toll free 888 489-7776