Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY.
by Adria Notari and Chevanev Charles
So, let’s say that you have committed to life on the high seas and you have been working onboard a cruise ship for more than 20 years. As a member of the bar staff, it is your job to manually lift your stores from one deck to another.
You aren’t given a safety belt and this is something that you have to do each day for several hours. Then, one fine day you end up picking up some stores and you feel your back give out from under you. The ship pays for your medical exam and it turns out you need surgery.
After surgery and months of physiotherapy, you achieve your maximum medical improvement. The cruise line now says that because of your injury you can no longer work for them and they will no longer pay for your care.
They give you an offer and you have no idea if this is fair or not. You sign and take it but find out weeks later that a similar seafarer from your ship with a similar injury got a high six-figure in a settlement.
While this may be a hypothetical situation, it is important to understand that many seafarers in St. Vincent & The Grenadines and throughout the Caribbean are suffering economic hardship as a result of injuries and are not fairly compensated for their injuries.
Many cruise lines create an atmosphere of fear and dependency where it may seem like a certain betrayal
to seek legal advice. This is inaccurate and a very unwise position to hold.
As a seafarer you have rights. Nothing is stopping you from seeking legal advice or consultation which is well worth your time and effort. A ship’s attorney or claims department are inherently incapable of representing your best interest.
It is their job to act in the best interest of the ship and not the seafarer. This normally results in settlement offers far below what they are worth.
Even if you do not wish to engage an attorney, it is still wise to at least check if the offer you are getting is worth what is being offered by the cruise line.
This means that you must not sign any documents without seeking your attorney. This could mean the difference between having money enough to finish your house or just having enough to pay a bill for a few months.
Consider the following:
1 – Document everything from the time of your injury
2 – Do not sign any release, waiver or any document removing liability
3 – Seek competent legal advice from a qualified attorney
Always think long term, your health and taking care of your family should be your top priority.
Adria Notari is a cruise accident attorney and yacht injury lawyer. She is a litigator that brings legal actions against cruise lines and insurance companies to help seafarers and crew members. She may be reached at anotari@notarilaw.com.
Chevanev Charles is a Vincentian lawyer at Temple Stoke who specialises in maritime law including seafarer claims and personal injury. He may be reached at info@templestoke.com or through the contact form on www.templestoke.com.
