Cruise ship crew members frequently perform physically demanding tasks that can result in various injuries, and shoulder injuries are among the most common. Whether you injured your shoulder by lifting heavy objects, performing repetitive tasks, or in a one-time accident, it can severely impact your ability to work and earn a living.
Understanding the causes of shoulder injuries, the protections cruise ship crew members receive from maritime law, and the steps to take after a shoulder injury are essential to making the most of your injury claim. Call Louis A. Vucci P.A. at (786) 375-0344 or contact us online to speak with one of our maritime crew member injury attorneys about your case and to learn more about how we can help you seek the compensation you need and deserve.
Common Causes of Cruise Ship Crew Member Shoulder Injuries
Crew members are responsible for a wide range of duties aboard cruise ships, from managing guest services to maintaining the ship’s operations. Some duties are more physically demanding than others, which can lead to shoulder injuries in the following situations:
- Accidents – Shoulder injuries resulting from accidents can happen anywhere on a ship to any member of the crew. Slips, trips, and falls are common in settings such as the kitchen, on the decks, or in the engine room. These accidents can result in various shoulder injuries, such as dislocated shoulders, torn rotator cuffs, or fractures.
- Improper Lifting Techniques – Crew members who frequently lift and carry heavy objects, such as luggage, supplies, and equipment, as part of their work duties are at a greater risk of shoulder injury. Without proper training, crew members may use improper lifting techniques that can significantly strain the shoulder muscles and joints. Over time, this strain can lead to chronic pain, ligament damage, and inflammatory conditions like tendinitis.
- Repetitive Stress – Many crew members engage in repetitive tasks that involve using their shoulders, such as cleaning, loading cargo, or managing inventory. Repetitive stress injuries occur when a person repeatedly performs the same motion over long periods, leading to muscle fatigue, inflammation, and eventual injury. Rotator cuff injuries, tendonitis, and frozen shoulder are common repetitive stress injuries experienced by cruise ship workers.
It can be challenging for cruise ship workers who suffer repetitive stress injuries to connect their injuries to their work duties. However, an experienced maritime injury attorney can assist you in gathering evidence supporting your compensation claim.
Maritime Law for Injured Cruise Workers
Crew members injured while working on cruise ships have legal rights under federal maritime law. These laws protect workers and provide them with a way to seek the compensation and medical care they need after an injury. The two main principles of maritime law that apply to injured workers are:
- Compensation for Negligence – Workers injured by the negligence of their employers or unsafe working conditions can seek compensation through an injury claim rather than a traditional workers’ compensation claim. They will need to prove negligence, unlike in a workers’ compensation claim, but once they do so, there isn’t much their employer can do to prevent them from receiving compensation.
- Maintenance and Cure – Regardless of negligence, cruise ship operators must provide injured crew members with maintenance and cure. Maintenance refers to the injured worker’s daily living expenses while they recover, and cure refers to their necessary medical treatment. Since cruise ship crew members typically don’t have alternative options for seeking treatment, the ship must provide it for them.
How the Jones Act Helps Injured Crew Members
The Jones Act is a federal law specifically designed to protect maritime workers. It allows injured cruise ship crew members to seek compensation if negligence caused their injury and provides a framework for pursuing personal injury claims. Some of the key components of the Jones Act include:
- Establishing Liability – To file a successful claim under the Jones Act, you must prove that an unsafe working condition or your employer’s negligence, or a fellow crew member contributed to your shoulder injury. This may involve providing photographic evidence of an unsafe working condition or testimony from other crew members that your employer didn’t provide proper training or adequate safety equipment.
- Personal Injury Claims – Personal injury claims filed under the Jones Act can include compensation for lost wages, medical expenses, and pain and suffering. The compensation you could receive for your shoulder injury depends on its severity and long-term impact on your ability to work and perform daily activities.
- Statute of Limitations – According to the Jones Act, injured crew members must file their claims within three years of the date of their injury. Failure to file your claim within this statute of limitations could result in the courts barring you from recovering the compensation you need.
Steps Crew Members Should Take After a Shoulder Injury on a Cruise Ship
After suffering a shoulder injury while working on a cruise ship, crew members should take the following steps to protect their legal right to compensation and improve their chances of a successful claim:
- Report Your Injury – Immediately report your injury to your supervisor or the ship’s medical officer. Reporting your injury is an important step as it creates an official record of the incident and your injury, which is critical for any successful claim.
- Seek Medical Care – Receiving medical treatment shortly after your injury is important for establishing that your injury happened and preventing it from worsening. It’s important to attend all follow-up appointments and keep records of your medical visits, diagnoses, and treatments.
- Document the Incident – Take notes on the pain levels associated with your shoulder injury and how it affects your ability to work. Also, note down the conditions that led to your injury and any witness statements that could corroborate your claims. If a hazardous condition on the ship caused your injury, you should photograph this condition.
- Consult a Maritime Injury Attorney – Due to the difficulties of maritime law, it’s essential to consult with an attorney experienced in these kinds of cases. A maritime injury attorney can help you navigate the legal process, protect your rights, and seek the maximum compensation for your shoulder injury.
Proving Negligence in Your Cruise Ship Shoulder Injury Case
To receive compensation for a shoulder injury, you must prove that your employer or one of your coworkers acted negligently in some way. This may involve collecting evidence such as:
- Safety Records – Your attorney may use the cruise line’s safety records to demonstrate a pattern of negligent behavior, including a failure to correct known hazardous conditions.
- Witness Statements – Statements from coworkers or passengers who witnessed your accident or the conditions that caused your injury can help establish fault.
- Expert Testimony – Medical experts can provide insight into how the injury occurred and the long-term effect of the injury on your health, and industry experts can opine on whether your employer acted in a way that went against cruise industry standards.
- Photographs of Unsafe Conditions – If an unsafe working condition was the primary cause of your injury, it’s important to get photographs or videos that support your claim.
Proving negligence in a shoulder injury case can be challenging, which is why having an experienced attorney by your side is essential. This is especially true if your shoulder injury is the result of a repetitive stress injury, as there may be even less evidence to work with.
How Can Louis A. Vucci P.A. Help Cruise Workers with Shoulder Injuries?
Louis A. Vucci P.A. has extensive experience handling cruise ship injury cases and using maritime law to assist injured crew members in seeking the compensation they deserve. Some of the ways our attorneys can help you after an on-the-job injury include:
- Incident Investigation – Our legal team will thoroughly investigate the circumstances of your shoulder injury. This investigation will seek to identify all liable parties and gather supporting evidence such as accident reports, medical records, witness statements, and security camera footage to build a strong case.
- Legal Advice – We’ll provide you with legal guidance regarding your rights and options and help you understand what benefits you could expect to receive through your Jones Act injury claim.
- Damages Calculation – We work with medical professionals and financial experts to accurately assess the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
- Settlement Negotiation – Our attorneys have experience negotiating with cruise lines and their insurance providers for fair settlements that fully compensate you for your injuries. But if the insurance company won’t agree to a fair settlement, we’re prepared to take your case to court.
- Trial Representation – If your case needs to go to trial, our maritime injury lawyers will seek the maximum compensation available.
Maritime Shoulder Injury Attorney
If you work on a cruise ship and suffer a shoulder injury, it’s important that you seek legal assistance from a knowledgeable maritime injury attorney. Louis A. Vucci P.A. has extensive experience handling cases for injured cruise ship workers and can provide the legal support you need to seek compensation for your injuries.
Contact us online or call our law office at (786) 375-0344 to speak with one of our lawyers about your case and what legal options may be available to you.
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