Asked in Admiralty / Maritime

Q: Can i make medical claim if i have failed my last medical to go back to my work on a cruise ship

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Maritime Law Lawyer
  • Little Neck, NY

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

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