The Pitfalls of the Initial Pre-Employment Medical Exam for Veteran and First Time Crew Members

by Webmaster Information for Crew Members

pre-employment medical examWhen a crew member goes to work for a new cruise line, he must submit to a pre-employment medical exam. The purpose of this pre-employment medical exam is to determine if the crew member is healthy, fit for duty, and does not suffer from contagious diseases or birth defects. This applies equally to veteran and new crew members.

There are two types of pre-employment medical examinations that a cruise ship crew member undergoes. The initial pre-employment medical examination is done before he is hired by the cruise line for the first time. The second type of pre-employment medical examination is the one that a returning crew member has for any following contracts with the same company. The most important one is the initial pre-employment medical examination.

These initial pre-employment medical exams are conducted in the crew member’s country of origin by doctors approved by the cruise lines. The crew member answers a written medical questionnaire. The doctor examines him, takes his history, and orders any necessary diagnostic tests such as blood, X-rays, etc. The crew member should always obtain and check the doctor’s report for mistakes to make sure it reflects what the crew member told the doctor.

be truthful during his pre-employment medical examinationIf the medical examination shows that the crew member is healthy, free of contagious diseases and birth defects, the cruise line will receive a medical report indicating that the crew member is fit for duty. If the medical examination shows that the crew member suffers from any pre-existing medical condition, the cruise line will also be informed. At that point the cruise line has three choices. It can refuse to hire the crew member, it can hire him without conditions, or it can hire him with the understanding that it will not be responsible for any medical problems arising from that pre-existing medical condition.

Most of the time, the cruise lines refuse to hire a crew member with pre-existing medical conditions. Some crew members forget to disclose pre-existing medical conditions because they have learned to live with them, or because those health problems happened a long time ago. If the cruise line finds out that a crew member forgot to disclose a pre-existing medical condition, it can fire the crew member, refuse to provide him medical care for that condition, or both.

Our advice for any crew member that is joining a cruise line for the first time is to be truthful during his pre-employment medical examination, and inform the doctor about previous health problems.

The Importance of The Employment Contract Between The Cruise Line and The Crew Member

by Elias Rudnikas Information for Crew Members

the employment contract governs the relationship between the crew member and the cruise lineEvery crew member that works for a cruise line must sign an employment contract. This employment contract governs the relationship between the crew member and the cruise line. The crew member does not have the power to negotiate with the cruise line as an equal. If he wants to work, he must accept the contract the cruise line offers him. This is called an adhesion contract because the cruise line sets all the terms and conditions of the crew member’s employment. All crew member contracts are adhesion contracts.

There are two types of crew member adhesion contracts the cruise lines use. The first is what we call a “Self-Contained Contract“. This means that all the terms and conditions of employment are spelled out in the contract. This type of employment contract is usually very long and has lots of pages. The advantage of this self-contained contract is that by reading it the crew member can learn about all his rights under the contract. A good example of the self-contained employment contract is Carnival’s crew member contract.

The second type of contract is what we call a “Collective Bargaining Agreement Contract“. Collective bargaining agreement employment contracts are very short and have few pages. This type of contract does not contain all the rights of the crew member. It refers the crew member to a separate document called a “Collective Bargaining Agreement” that spells out in greater detail the rights of the crew member. The advantage of this type of contract is that it offers more generous terms for the crew member. The disadvantage of this type of contract is that the crew member is not provided a copy of the collective bargaining agreement, a separate document, at the time of signing the contract. Therefore, he does not know that it exists, nor does he have an opportunity to read it. A good example of this type of employment contract is Royal Caribbean’s crew member contract.

the cruise line sets all the terms and conditions of the crew member's employment.Injured crew members depend upon their contracts to provide for essential needs. The employment contract determines the maintenance rate an injured crew member will receive, and for how long he will receive it. This is the monthly amount of money the cruise lines will pay an injured crew member while he is receiving medical care for an injury, an accident, or a sickness. It also affects his entitlement to medical care and for how long. The applicable law and the availability of a disability clause will also be contained in the employment contract.

We advise all crew members to read and re-read their employment contracts regardless of the type of contract they get. If they get a self-contained contract, all their rights under the contract will be there. If they get a collective bargaining agreement contract, they must request a copy of the collective bargaining agreement to learn about all their rights under the contract.

Any crew member that has questions about his employment contract should reach out to us. We offer all crew members free confidential consultation in person, by phone, or by Email.

The Impact of the Corona Virus (COVID-19) on Crew Members That Work for Cruise Lines

by Elias Rudnikas Information for Crew Members

cruise lines may not have enough money to pay compensation to injured crew membersThere is great uncertainty about the future of the cruise lines. Because of the Corona Virus (COVID-19) the cruise lines may not have enough money to pay compensation to injured crew members. Because of the Corona Virus (COVID-19) the cruise lines may not have enough money to pay retirement money to those crew members that are entitled to receive it. Because of the Corona Virus (COVID-19) the cruise lines may not be able to hire all their workers back.

ADVICE FOR CREW MEMBERS THAT WORK ON CRUISE SHIPS:

If you were injured working for the cruise lines, do not wait to start your case for monetary compensation. Start now. Do not wait.

If you already started your case against any cruise line and you have a good offer from the company, accept it now. Do not wait. Get your money now.

If you are entitled to collect money from a retirement plan, collect your money now. Do not wait.

If you lost your cruise line job, do not wait to get it back. Get a different job now.

REASONS FOR THIS ADVICE:

The Corona Virus (COVID-19) outbreak has severely impacted the financial health of the cruise line companies. Their ships are not sailing. These companies are losing millions upon millions of dollars every month. A lot of people view their megaships as disease incubators. Most people that cruise are middle age or older. This age group is the most vulnerable to the Corona Virus (COVID-19). Therefore, there is no guarantee that cruising will ever come back on its pre-Corona Virus (COVID-19) form. It is possible that some of the major cruise lines will go bankrupt.

If the cruise lines go bankrupt, the impact on the hundreds of thousands of foreign crew members that they employ will be catastrophic. These foreign crew members leave their countries, their families, and their friends behind to provide a better life for themselves and their families. They work ten to twelve hours per day, seven days a week under work contracts that typically run from six months to a year. Many of them have worked for so long for these companies that they are entitled to receive a lump sum of money upon retirement. Many of them have been severely injured aboard the ships due to the negligence of their employers who overwork them, and do not provide the necessary tools or personnel to get the job done. Many of these crew members are currently receiving medical care in their home countries and have legitimate money compensation claims against their employers.

Crew members that have legitimate pending personal injury cases against the cruise lines may never see any money. Crew members that are entitled to receive retirement plan money after so many years of work may never collect their retirement money. Crew members that depended on their cruise line job to provide a decent standard of living for themselves and their families may never get their jobs back.

Therefore, every crew member that is entitled to collect money from a retirement plan should collect it now before it is too late. Every crew member that is entitled to receive money compensation because of his work-related injuries should start his case now before it is too late. Every injured crew member that has a good offer from the company on a pending legal case should accept it now before it is too late. Every crew member who lost his job should look for a different job now because the jobs may never come back, or it may take years for them to come back.

It Is Better for Crew Members to Receive Medical Treatment at Home

by Elias Rudnikas Information for Crew Members

medical treatment for work related injuries

Very often crew members ask me this question: Is it better for me to receive the medical treatment for my injuries at home, or in the United States? In most cases, the crew member is better off receiving his medical treatment at home for the following reasons:

Language and Culture

If the crew member’s mother language is not English, he made not be able to fully describe all of his symptoms to the doctor. This may affect the quality of the medical treatment he receives, and may also make him feel very uncomfortable. Even if the crew member’s mother language is English, the cultural differences may affect the quality of the medical treatment he receives.

Choice of Doctor

When the crew member receives medical treatment in the United States, the cruise line picks the doctor that will treat the crew member and/or perform surgery on him. Since the doctors that the cruise lines pick to treat the crew members receive a lot of business from the cruise lines, they may be inclined to issue opinions that are more favorable to the cruise lines than to the crew member. These unfavorable opinions can affect the crew members’ health and legal cases. For example, a company doctor could say that a crew member is perfectly well after surgery, and that he can go back to work even if the crew member still has a lot of health problems. A cruise line doctor could also say that the crew member does not need a surgery when he really does.

Monthly Maintenance Money

If a crew member receives medical treatment in the United States, the company does not have to pay him a monthly amount of money. The company only has to provide the crew member with hotel and food. Of course, the hotel and the food are of very low quality.

Emotional Support

When the crew member receives medical treatment in the U.S.A., he is away from his family, his friends, and his lifelong surroundings for months, or even longer periods of time. These long stays at low quality hotels, eating low quality food, and surrounded by other crew members with similar problems affect the emotional health of the crew member, and slow down his recovery.

Surveillance

In order to diminish the value of crew members’ injuries and legal cases, the cruise lines often conduct surveillance of the crew members who are staying at hotels while receiving medical treatment. This involves filming the crew members to show that they are not as badly injured as they claim. If the crew member receives medical treatment in his home country, it is much harder and expensive for the cruise line to conduct surveillance on him.

Advice

In conclusion, if there are good doctors and good hospitals in the crew member’s country, it is better for the crew member to receive medical treatment at home for the following reasons:

  1. It is easier for the crew member to communicate with his doctor.
  2. It is easier for the crew member to pick his own doctor, and the doctor will not have as much financial incentive to favor the company.
  3. The crew member will receive a monthly amount of money called “maintenance” while he is receiving medical treatment at home.
  4. At home, the crew member will be emotionally supported by his family, his friends, and his lifelong surroundings.
  5. Surveillance will be less likely.

What is Arbitration?

by Elias Rudnikas Information for Crew Members

Arbitration is an alternate method of resolving a dispute, or a legal case. Instead of going to court, which could take years and be extremely expensive, the parties submit their dispute to an arbitrator.

Arbitration is an alternate solution for going to court.Black’s Law Dictionary defines arbitration as:
“The reference of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to accept the arbitrator’s decision issued after a hearing at which both parties have an opportunity to be heard.”

Many people have participated in arbitration without realizing it. Both parties to a dispute have a common friend that they trust, and they agree to submit their dispute to this friend, and accept his decision. This is an informal arbitration.

The advantage of arbitration is that it provides a faster and more economical way of resolving disputes. There are no appeals in arbitration. The arbitrator’s decision is final and the parties have to accept it.

What cases or disputes go to arbitration? This is usually determined at the beginning of the relationship between the parties. The parties enter into a written contract, and the contract contains an arbitration clause requiring compulsory arbitration. For example, nowadays most cruise companies have arbitration clauses in their employment contracts which require injured crew members to file their claims for compensation in arbitration. Also many consumer contracts call for arbitration such as the contracts offered by the cell phone companies, the credit card companies, etc.

How are the arbitrators chosen? The arbitrators are chosen by agreement of the parties. If there is no agreement, the arbitrators are chosen by the organization in charge of administering the arbitration. The arbitrators are usually highly experienced retired judges, or lawyers.

Who is in charge of the logistics of arbitration? Nowadays, there are many organizations that provide the logistical support necessary for a successful arbitration. These organizations appoint the arbitrators, organize the preliminary hearings, provide schedules for obtaining and submitting evidence, provide a conference room for the final hearing, inform the parties of the arbitrator’s final award, etc. For example, the American Arbitration Association is one of the best known organizations providing logistical support to the parties in an arbitration.
Arbitration privatizes the functions of the courts, but does not provide the same due process and constitutional guarantees that the courts provide. Workers and consumers should beware of contracts calling for arbitration.

Our services for crew members

by Elias Rudnikas Information for Crew Members

Free Confidential Consultation

miami maritime injury lawyer for cruise ship crew members

Crew members can always consult their problems with us free of charge with the knowledge that whatever they tell us will always remain confidential.

Medical Care Assistance

We always help our crew member clients obtain the medical care that they need at the company’s expense.

Maintenance and Sick Wages Assistance

We always help our crew member clients collect all sick wages and maintenance money that they are entitled to receive.

Our Own Doctors

help for maritime crew injuries

We do not trust the company doctors. We hire our own doctors to make sure our crew member clients have been diagnosed and treated correctly.

Our Own Experts

We do not trust the company’s experts. We always hire our own experts to help us understand and prove the mechanics involved in the accidents and incidents our crew member clients suffer on and off the ships.

B1-B2 Visas Assistance

Whenever a crew member client needs to come back to the United States for his case, we help him obtain his B1-B2 Tourist Visa.

Retirement Plans Assistance

We always help our crew member clients collect any retirement plan money that they are entitled to receive from their employers.

Free Case Evaluation

We are always happy to provide our crew member clients with an estimate of how much money compensation they can receive for their injuries or work related sickness.

Money Compensation

We always fight to obtain for our crew member clients the greatest amount of money compensation.

Fees and Costs

We never charge fees nor costs until we win your case.

We Are Always Available

We always answer all crew member phone calls and Emails promptly to address any questions or clarify any doubts they may have.

Do you have any questions?
Contact us now

Maritime Law – The Rights of Crew Members and Seamen

by Elias Rudnikas Information for Crew Members

Crew Members and Seamen:
KNOW YOUR RIGHTS! DEMAND YOUR RIGHTS!

seaman in ships that visit ports in the United States have many rights and protections under American law.If you work as a crew member or seaman in any type of ship, you have many rights and protections under American Law. You still have these rights even if you are not a citizen or resident of the United States. You still have these rights even if you signed an employment contract waiving them. You still have these rights if you were sent home because of an injury or work-related illness before you could take any legal action in the United States.

These are your rights as crew members and seamen:

  • The right to work aboard a ship in good condition free of defects and dangerous conditions that could result in injuries or work-related sicknesses.
  • The right to receive monetary compensation for any injury or work-related sickness you suffer if such injury or work-related sickness occurs while you are working on the ship or for the ship because of your employer’s fault or because of dangerous conditions aboard the ship or off the ship.
  • The right to receive immediate and adequate medical treatment for any cruise ship injury, maritime injury, or work-related sickness that occurs while working on the ship or for the ship regardless of what may have caused your injury or work-related sickness.
  • The right to receive maintenance. This means hotel and food if you are receiving medical treatment at a port or away from home. If you are receiving medical treatment at home, it means a monthly amount of money while you receive medical treatment.
  • The right to hire a maritime lawyer that will protect your interests, not those of the company, and handle your maritime claims professionally in accordance with American Law.
  • ACT NOW. Do not let the time you have to file your maritime claim run out. There is a time limit to file these maritime claims for accidents, injuries, and work-related sicknesses.

If you have any questions or doubts about your rights, please contact us for a free confidential consultation in person, by telephone, or E-mail.

Our Maritime Law Practice is dedicated to defending the rights of crew members and seamen and to fighting for the well-being of crew members and seamen.

REMEMBER. YOU HAVE NOTHING TO LOSE. WE DO NOT CHARGE FEES NOR COSTS UNTIL WE WIN YOUR CASE.

Your case truly deserves a free confidential consultation!

Tanto el abogado como todos los empleados, hablan Español.

Crew Members Always Ask Me These Questions:

by Elias Rudnikas Information for Crew Members
  1. Do I have to pay you any money now to start my case?
    No. We are so confident in our ability to obtain a good result for you that we do not charge any money upfront. We only collect our fees and costs when we win your case.
  2. Will the company cutoff my medical treatment and my maintenance money if I hire a lawyer and file a lawsuit?
    No. On the contrary, when a crew member is represented by an attorney the company is far more careful about the crew member’s medical treatment and maintenance money.
  3. What happens to my retirement plan if I hire a lawyer and file a lawsuit?
    Nothing. If you have the right to receive money from a retirement plan, that money has to be paid to you separate and in addition to any money compensation that you will receive for your injuries. Our policy is always to collect the retirement plan money for the crew member before we close his injury case.
  4. Do I have to pay you any money to help me collect my retirement plan money?
    No. We always help our crew member clients to collect their retirement plan money, and we do not charge them anything for this service. It is a courtesy for our clients.
  5. How much money can I receive for my injuries?
    This depends on how serious and disabling your injuries are. There are other factors that will affect the value of your case such as surgeries, your ability to return to work, the length of time you have been working for the company, the circumstances of your injuries or your sickness, etc.
  6. Do I have to be physically present in the United States to file a lawsuit against the company?
    No. You can be in your country of origin or in any other country in the world and we can file and handle the lawsuit for you in the United States.
  7. Do I have to get off the ship under medical care to file a lawsuit against the company?
    No. As long as you were injured or became sick aboard the ship or working for the ship, you can file a lawsuit against the company even if you did not get off the ship on medical.
  8. Do I have to get off the ship in an American port to file a lawsuit against the company?
    No. It does not matter where you get off the ship. You can file a lawsuit against the company, even if you get off the ship in another country.
  9. Can I file a lawsuit in the United States, even though I am not an American citizen?
    Yes. All crew members and seamen, irrespective of nationality, can file a lawsuit against the company in the United States if they are injured or become sick on the ship, or while in the service of the ship.
  10. Do I have to obtain a tourist (B1-B2) visa to file a lawsuit against the company?
    No. You do not need a tourist (B1-B2) visa to file a lawsuit. In most cases, we can obtain a good offer for you without you having to travel to the United States. If you have to travel to the United States for the lawsuit, we will help you obtain the visa.
  11. Do I have to travel to the United States for my lawsuit?
    In most cases, we can obtain a good offer for you without you having to travel to the United States. If you need to come, we will help you obtain a tourist visa (B1-B2) if you do not have one.

Money for Crew Members For Dangerous Conditions Aboard Cruise Ships

by Elias Rudnikas Information for Crew Members

A crew member has the right to receive money compensation for work injuries.

A crew member has the right to receive money compensation from the cruise line if he is injured on the cruise ship because of dangerous or defective conditions aboard the ship. The most common dangerous conditions aboard cruise ships are:

  1. An inadequate crew. Cruise ships are often undermanned. When this occurs, crew members have to work too many hours and do the job of two or three crew members.  If a crew member is injured under these circumstances, he has the right to receive money compensation from the cruise line.
  2. Failure to enforce common sense guidelines for the lifting, carrying and pushing of heavy items.  Because of the constant work pressure on the cruise ships, the cruise ship companies do not enforce common sense rules for the lifting, carrying, and pushing of heavy items.  If a crew member is injured because he was forced to lift, carry, or push heavy items, he has the right to receive money compensation from the cruise line.
  3. Inadequate Cleaning and Maintenance. Frequently, the stairs and floors of the ships are wet, greasy, dirty and slippery. If a crew member is injured because the floor or the stairs are unsafe, he has the right to receive money compensation from the cruise line.
  4. Inadequate Training and Insufficient Hours of Rest. Frequently, crew members do not receive adequate training for the tasks they have to perform, or they are not given enough time to rest between work days.  If a crew member is injured because he is not properly trained or because he is exhausted after working too many hours, he has the right to receive money compensation from the cruise line.
  5. Insufficient or Defective Equipment. Frequently, the cruise lines fail to maintain the equipment and tools necessary to do the job.  They also fail to buy new equipment when the current equipment is broken or defective.  If a crew member is injured because he did not have the proper tools to do his job or the equipment he was using was broken or defective, he has the right to receive money compensation from the cruise line.dangerous or defective conditions aboard the ship are grounds for receiving compensation for work injuries.

Our advice to any crew member that is injured aboard a cruise ship is to consult with a maritime lawyer immediately because his injuries were probably caused by dangerous or defective conditions aboard the ship.

Awards of Punitive Damages in Seamen’s and Crew Members’ Personal Injury Claims

by Elias Rudnikas Information for Crew Members

An injured maritime worker seeking compensation normally has two courses of action:

  • If he meets the legal definition of a seaman or crew member, he can sue his employer for negligence under the Jones Act.
  • The injured seaman can also file a claim alleging that the vessel was unseaworthy and that an unsafe work environment led to his injury.

Awards of Punitive Damages in Seamen’s and Crew Members’ Personal Injury ClaimsUnder the Jones Act and the unseaworthiness laws, the seaman or crew member can recover damages for pain and suffering, medical expenses, lost wages and loss of earning capacity. In addition to these damages, the seaman or crew member could seek punitive damages.

Unlike the two courses of action described above, awards of punitive damages are not meant to compensate the plaintiff, but rather to punish defendants and reform them. Ship owners are required to pay the medical and living expenses of injured seamen and crew members until they reach maximum medical improvement. This law is known as "maintenance and cure".

"Punitive damages" describes a special type of civil damages. Such damages are awarded to a seaman or crew member when a court seeks to punish the defendant for gross negligence or reckless behavior.

In a Jones Act claim or an unseaworthiness claim, the dollar amount of an award is based on the damages suffered by the seaman or crew member. These damages cover pain and suffering, medical expenses, lost wages and loss of earning capacity. However, punitive damages are not meant to compensate the seaman but to inflict financial pain on the defendant.

When a court wants to punish a defendant or send a clear message to the industry as a whole, it will award the plaintiff a large sum based on how much the defendant is worth and how badly the defendant has behaved during the case.

For example, if it comes to light that the defendant deliberately failed to pay for an injured seaman’s medical and living expenses or its failure to provide adequate and immediate medical care substantially worsened the seaman’s medical condition, the court may award substantial punitive damages to the plaintiff to punish the defendant.

When it comes to maintenance and cure claims, the recent United States Supreme Court ruling in the case of Atlantic Sounding v. Townsend clears the way for seamen and crew members to pursue punitive damages in their cases. Punitive damages may be awarded if the plaintiff proves that the defendant did not meet his obligations to provide and pay reasonable medical care and living expenses or terminated maintenance and cure payments prematurely or without justification.

The Jones Act and the unseaworthiness laws give injured seamen the right to sue their employers for negligence and dangerous conditions aboard the ships, but whether the plaintiff can seek punitive damages at the same time depends on the situation. It is more common to award punitive damages in maintenance and cure claims. It is important to emphasize that punitive damages are not meant to compensate the injured party but rather to inflict financial punishment on those defendants who demonstrate gross negligence or recklessly dodge their responsibilities.