Many seamen who suffer an accident at work, do not even consider filing personal injury claims against their employer. Knowing that you have special rights and remedies can help you overcome the common fear of retaliation. See the details.
Recap on the ‘Trinity of Remedies’ for Seamen
As a seaman who got injured in the service of their vessel, you have unique protection by maritime law. Crewmembers, which qualify as seamen, are entitled to the ‘trinity of remedies.’
They can get rightful compensation by asserting claims for:
- Jones Act negligence
- Unseaworthiness
- Maintenance and cure benefits
Is there other protection for injured seamen?
Crewmen’s Remedies Against Retaliation
Perhaps you’ve heard of cases of retaliation by employers against crewmembers seeking compensation for a bodily injury.
However, according to maritime laws and regulations, seamen can assert additional claims against their employer for:
- Wrongful termination
- ‘Blacklisting’
Wrongful termination, or dismissal, stands for ending an employer’s contract by the employer and breaching certain terms of the employment. What we commonly refer to as ‘blacklisting’ means interference with your maritime employment. In both cases, the remedies you have as a seaman should alleviate your fear of bringing a personal injury claim.
If you are injured on your job, and file claims against your maritime employer, they cannot terminate or impede your employment elsewhere. Moreover, they cannot discriminate against seamen for taking any legal actions to protect their health and safety. The legal basis for this protection is in the Seaman's Protection Act.
Do not hesitate to consult with an experienced maritime attorney should you worry about the risk of retaliation. For more legal advice, read our next article discussing the seaman’s status test that courts use to determine whether a maritime worker qualifies as one.
