Q: Can i make medical claim if i have failed my last medical to go back to my work on a cruise ship
A:
I'm not certain of the exact meaning of your question. If it is that you were injured in the course of your employment on your cruise ship, you have the right to make a medical claim. However, this would be governed by your cruise line's employment agreement. Cruise lines, while operating out of U.S. ports and maintaining corporate headquarters in U.S. cities, operate under foreign flags of registry. Therefore, it is possible that coverage for medical expenses would not fall under maintenance and cure under the Jones Act afforded to commercial mariners sailing on U.S. flag vessels.
If your question is not regarding an employment-related injury, but rather, your continued employment, you would need to refer to the guidelines of your employment agreement. That could contain provisions regarding clearance for duty and continued employment. Based on that, you could try to arrange a free initial consultation with an employment attorney. Keep in mind that it would be best if the attorney had insight into cruise line employee employment agreements. Good luck
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.