What Rights do Injured Seamen Have?

Seafarer Trust Fund advocate the right of Seafarers and provide legal aid whenever their rights is been abused. The Trust have built numerous partnership with solicitors sharing the same view with our objectives.

Below are several important rights that the law provides for which seafarers can seek redress:

• Right to Collect Maintenance and Cure from the Employer: Injured seafarers have an absolute right to collect maintenance and cure benefits from an employer if they are injured or become ill while in the service of a ship or vessel. Employers are required to provide these benefits regardless of who may be at fault for the seaman’s injuries or accident. “Maintenance” benefits are daily payments which are meant to compensate the injured seaman for the costs of living on land in the same manner the seaman lived offshore. “Cure” payments compensate the seaman for the medical care and services needed to treat his injury or illness.
• Right to File a Negligence Suit against the Employer: when a seafarer is hurt on the job due to the negligence of his employer or a co-worker, the seaman has the right to file a negligence Jones Act lawsuit or claim against the employer. In these cases, the burden of proof is very low and the employer can be held liable for almost any unsafe condition on the vessel. For instance, if a seaman slips and falls on an oily deck and is injured, the seaman may be able to file a claim or lawsuit for damages from the employer for lack of maintenance or negligence on the part of a co-worker for failing to properly clean the area.
• Right to File a Negligence Claim against the Owner of the Vessel. In many situations, a worker may be employed by one company while the ship or vessel they are working on is owned by another company. In these cases, an injured worker can file an un-seaworthiness claim against the owner of the vessel along with a negligence claim against the employer. An un-seaworthiness claim arises when the owner of the vessel fails to make sure that the vessel and its equipment is safe and in proper working order. When a seaman is injured due to the un-seaworthiness of the vessel, the seaman has the right to sue the vessel owner for damages

 And other basic right under ILO

Over the years the ILO has maintained and developed a system of international labour standards aimed at promoting opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and dignity.