Working on a sea vessel in New York is different than working at a job on dry land. In the former case, if you become injured on the job, you do not receive workers' compensation. Instead, if the Jones Act applies, you receive maintenance and cure benefits. At Tabak Mellushi & Shisha, we know these terms can be confusing. "Cure" refers compensation for your medical expenses, while "maintenance" refers to a daily stipend intended to cover your day-to-day expenses.
Several laws have been enacted to help protect the rights of those who work in the maritime industry, yet what about those whose time out on the open water is only temporary? When you embark as a passenger on a ship from Manhattan, you may face many of the same sea-related dangers as those who work on the vessel. Yet are you protected by the same statutes that maritime workers rely on when they are injured at sea, or are you protected by general liability laws?
If you are looking forward to your first cruise, it’s not uncommon to be a little concerned about safety. But, not all accidents may be quite as common as you think.
Whenever accidents involving Manhattan residents occur over which there is a question of liability, culpability often comes down to the matter of who is ultimately at fault. Even in scenarios where complex legal issues such as maritime law are involved, simple questions as to who whether or not negligence or carelessness was at play may ultimately be the factors which determine the outcomes of cases. While ship owners are required to provide safe traveling conditions and accommodations to both passengers and crew, individuals may be responsible for their own reckless actions.
As temperatures continue to drop and the wind off the Atlantic stays strong, the numbing cold is liable to lead maritime workers to an accident.