Cruise Ship Crew Member Neck Injuries
Cruise ships are fast-paced, physically demanding work environments. Repetitive motions, heavy lifting, and long hours can lead to crew ship member injuries. Neck injuries are among the most common and debilitating of these injuries, and they can disrupt both work and rest.
One of the primary causes of neck injuries among cruise ship workers is repetitive stress. However, accidents, improper equipment use, and poor vessel maintenance can also contribute to these injuries.
Understanding your legal rights is essential as a cruise ship crew member suffering from neck injuries. Under maritime law and the Jones Act, you can seek compensation and medical care for your injuries.
If you suffered a neck injury while working on a cruise ship, call the crew member claims attorneys at Louis A. Vucci P.A. at (786) 375-0344. Our legal professionals will provide a case evaluation, explain your legal options, and assist you with starting your compensation claim. Call now, or contact us online for a free consultation.
Common Causes of Cruise Worker Neck Injuries
There are many ways for cruise workers to suffer injuries on their vessels. Some of the most common causes of neck injuries include:
Accidents
Slips, trips, and falls are frequent causes of neck injuries among crew members. Wet surfaces, poor lighting, and unsecured objects can all contribute to these incidents. Even a seemingly minor fall can result in sudden neck trauma. That neck trauma could be a sprain, strain, or a more severe injury like a fracture or nerve damage.
Improper Equipment Use
Some cruise ship workers handle heavy machinery and other equipment on a daily basis. Improper use of this equipment due to poor training or equipment failures due to poor maintenance can lead to neck injuries. For example, an employee who needs to move a piece of equipment without proper support or assistance can strain their neck and spine. The result could be chronic pain and long-term damage.
Poor Maintenance
A lack of adequate maintenance aboard cruise ships can create hazardous conditions for workers and contribute to neck injuries. Ship operators must provide a safe working environment for their employees. That includes making sure there are no leaks causing slippery surfaces or malfunctioning safety gear that could fail when used.
Repetitive Stress
Repetitive stress injuries are the most common type of neck injury suffered by cruise ship crew members. These injuries develop over time due to the continuous, repetitive motions required by many jobs on ships. Those tasks could include lifting heavy objects, working in confined spaces, or performing other tasks that strain the neck.
While it can be easy to point to a specific accident, improper use of equipment, or poor maintenance that caused a neck injury, the same isn’t true for repetitive stress injuries. Workers who injure their necks due to repetitive stress may have a harder time proving that their injury is a result of their employment and not caused by an underlying condition.
Maritime Law for Injured Cruise Ship Crew Members
Maritime law provides certain legal rights and protections for injured crew members. The two primary rights maritime law provides to crew members with neck injuries are:
- Maintenance and Cure – This is a fundamental part of maritime law that makes sure injured workers on vessels receive compensation for their living expenses (maintenance) and the medical treatment they need (cure). Maintenance and cure applies regardless of fault because injured workers often can’t seek other medical treatment options beyond what the ship and their employer provide.
- Entitlement to Compensation – Injured crew members can also seek compensation for their lost wages and pain and suffering. However, this compensation typically depends on proving negligence. With that said, any negligence committed by the owner or operator of a vessel may be enough for an injured crew member to receive the compensation they need.
How Does the Jones Act Help Injured Cruise Workers?
The Jones Act is an essential legal protection for maritime workers. Cruise ship crew members who suffer neck injuries while at sea are considered maritime workers. This act provides a way for workers to seek compensation if unsafe working conditions or their employer’s or coworkers’ negligence caused their injuries. Some of the key components of the Jones Act are:
- Establishing Liability – The act provides two ways for injured workers to establish liability. The first is to show that someone controlling the ship acted negligently or engaged in willful misconduct. Potentially likely parties include the ship master, mate, or engineer. The second is to show that they neglected or refused to obey the laws governing maritime vessels.
- Personal Injury or Death Claims – The act outlines claims for personal injury or wrongful death for maritime workers. These claims differ from workers’ compensation claims, which non-maritime workers typically must file instead.
- Statute of Limitations – The act sets a three-year statute of limitations for filing claims under the act’s provisions. Failure to file your claim within this period may result in the courts barring you from seeking compensation for your injuries.
What Steps Should Crew Members Take After a Neck Injury on a Cruise Ship?
If you suffered a neck injury while working on a cruise ship, it’s crucial that you take the following steps to protect your right to compensation and medical treatment for your injury:
- Report the Injury – You must report your injury to your supervisor or the ship’s medical personnel as soon as possible. By reporting your injury, you’re establishing when the injury happened and making sure that there’s an official record of the incident. For repetitive stress injuries, report the injury as soon as you notice it.
- Seek Medical Attention – Always seek immediate medical care after an injury. This medical care is vital for diagnosing and treating your injury, and you should make sure a medical professional is documenting your injury, symptoms, and treatment. Beyond immediate medical treatment, you should follow through with all ongoing treatment recommended by the ship’s doctor.
- Document the Incident – If a single incident caused your injuries, such as unsafe working conditions, document the conditions by taking photos and writing down details. If your injury results from repetitive stress, take notes on your daily work activities so you can identify the repetitive task and establish a connection between it and your injury. If possible, you should also gather witness statements from other crew members.
- Consult a Maritime Injury Attorney – To make the most of your legal rights and options, consult a maritime injury attorney. An attorney can help protect your best interests and prevent your employer from sweeping your injury under the rug.
Proving Negligence as an Injured Cruise Ship Crew Member
Injured crew members must prove negligence to recover compensation under the Jones Act or other maritime laws. Proving negligence could involve showing that your employer failed to provide a safe working environment or didn’t provide adequate training on proper equipment use. Evidence of negligence may include:
- Maintenance records showing poor upkeep of the ship and its equipment
- Testimony from other crew members about hazardous work environments on the ship
- Medical records detailing the severity of your injuries
- Safety reports highlighting known risks that your employer ignored
A maritime injury attorney can assist you in gathering the necessary evidence for your injury claim. They can interview your fellow crew members, inspect the working conditions aboard the ship, and speak to subject matter experts about how most ships handle similar situations.
How Can Louis A. Vucci P.A. Help Cruise Workers with Neck Injuries?
At Louis A. Vucci P.A., we understand the unique challenges faced by cruise ship crew members who suffer on-the-job injuries, such as neck injuries caused by repetitive stress. Our team has extensive experience in maritime law and cruise ship injury cases, and we can provide comprehensive legal support to help you seek the compensation you need and deserve.
Our attorneys can assist you by:
- Investigating the Incident – We’ll thoroughly investigate the circumstances of your injury to determine liability and gather supporting evidence.
- Providing Legal Advice – We’ll guide you through the claims process, advise you on your rights, and explain the legal strategies we can use to pursue compensation.
- Calculating Your Damages – We’ll work with medical professionals and financial experts to calculate your damages, including medical expenses, lost wages, and pain and suffering.
- Negotiating with Insurance Companies – We’ll negotiate with your employer’s insurance company on your behalf to seek a settlement that meets your financial needs. Without the help of an experienced maritime injury attorney, the insurance company may attempt to trick you into settling for far less than your case is worth.
- Representing You at Trial – If the insurance company fails to offer an acceptable settlement, we’ll represent you at trial and seek the maximum compensation available.
Maritime Neck Injury Attorney
If you suffered a neck injury while working on a cruise ship, you don’t have to go through the legal process alone. Louis A. Vucci P.A.’s attorneys are here to lend you their extensive maritime law experience and fight for your right to compensation. Contact us online or call our law firm at (786) 375-0344 for a free consultation about your case and to learn more about how maritime law protects injured crew members like you.