THIS WEEK’S UPDATE:
CORONA VIRUS, 2.0
This story was originally published on May 3, 2020 as first seen on our Facebook page
Welcome to Miami Cruise Lawyers’ second of a once-a-week series that we will publish until the US Centers for Disease Control lifts its No-Sail Order for the Cruise Industry. The Miami Cruise Lawyers understand the impact the coronavirus pandemic has had on the cruise industry including the men and women from across the globe that are the industry’s lifeblood.
This second article will examine the ongoing situation involving many crew members currently being trapped onboard their ships as the cruise lines falsely point the finger at the US Center for Disease Control. Cruise captains have been quoted blaming the CDC for a non-existent policy purportedly preventing cruise lines from repatriating seafarers and we take a look at the impact this has had on the crew within the context of US General maritime law.
If you haven’t already heard, Miami Herald journalist @TayDolven (on Twitter), also known as Taylor Dolven, follows the cruise industry for the Herald and does a great job of touching on the realities of the cruise industry. Recently she reported on the misrepresentations made by Masters to their crew about the fabricated claim that the CDC was preventing repatriations.
In her article Royal Caribbean falsely blames CDC for keeping crew trapped on its ships, agency says. Dolven does a phenomenal job in exposing specifics of the fabrications and corruption in the industry and the manipulative “half-truths” that the companies rely on to control the mood of the sailors stuck on board. Once you uncover lies in a situation like this, it is very difficult to see that person as credible.
“Cruise companies are allowed to disembark and repatriate people still trapped on ships around the U.S. by private transportation as long as their executives sign an agreement with the U.S. Centers for Disease Control and Prevention that holds the companies accountable for the process. They are refusing to do so.”
Dolven goes on to report about the initial article she published and the reactions of various ship captains. Several captains actually disputed the accuracy and substance of her reports were false. Specifically, as noted by Dolven in the opening of her earlier article “[c]ruise companies are allowed to disembark and repatriate people still trapped on ships around the U.S. by private transportation as long as their executives sign an agreement with the U.S. Centers for Disease Control and Prevention that holds the companies accountable for the process. They are refusing to do so.” The cruise lines are balking at being assigned responsibility for repatriating the 100,000+ men and women that deserve to go home that are stuck on cruise ships around the world. As if that isn’t bad enough, the cruise lines are going so far as to LIE in response to inquiries about their interactions with, and what has been asked of them by, the Center for Disease Controls. In fact, “In conversations with the CDC, cruise company officials have complained that arranging private transportation for disembarking crew is ‘too expensive,’ according to a spokesperson for the agency.”
In context, that whole back and forth, he said/she said is “preventing about 100,000 crew members and some passengers from leaving cruise ships lingering in and around U.S. waters, including dozens of U.S. citizens. Crew members still stuck on board say they feel like an afterthought after watching their companies move mountains to repatriate passengers on charter flights and other private transportation after the industry was shut down on March 13. Only a handful of ships still have passengers on them, including Carnival Corporation’s Coral Princess, floating off of South Florida.”
When asked about the cruise lines attitude towards getting their loyal crews home, the CDC’s director of the Division of Global Migration and Quarantine Dr. Martin Cetron, said in a phone interview Friday that the information is false. Charter flights are allowed. Companies have repeatedly told the agency that they can’t afford private transportation for crew, he said. “Some of the lines have really disappointed us about not cooperating,” he said. “What they’ve said repeatedly is we can’t do that, we can’t afford to do that. Their answers are not aligned with the public health needs.”
Or their crew’s needs either, that’s for sure. The Cruise Lines are blame the CDC but the CDC has given the cruise lines green lights to charter planes and repatriate their crew to their friends and families. Instead, because of their money concerns, or their disdain for their crew, they are keeping the men and women that work on those ships trapped on board. Give that a few seconds to sink in. . . On board the cruise ships, notorious for being the main source of transmission of the virus in the early days of the pandemic, are now the floating prisons many of the crew members find themselves in.
What we do know at this point? Over 1100 crew men and women have developed COVID because of the cruise line’s priories, profits and business considerations over the lives of the men and women that make those profits possible in the first place. Sadly, at least 14 of those brave men and women that prioritized their families over themselves have fallen victim to the disease as it continues to cause pandemonium to our way of life. 14, at least… that we know about.
Many of the crew trapped on board the ships find themselves in an unenviable situation, stuck with nothing that they can do about it, or is there? We have heard from some of our sources on board ships offshore and floating in limbo, the efforts to get off the ships are getting more creative by the day. Crew that had formerly been injured in the service of the company are using those old injuries as a basis to say they are again flaring up and causing pain, similar to prior pre-surgical symptoms. Faced with the prospective of causing the symptoms to worsen or persist, paying for repatriation is cheap in comparison.
As we have advised our sources, lying about having pain from old injuries is not advisable and as the old saying goes, “the truth shall set you free”. On the other end of the spectrum however are the countless seafarers that have in fact had prior medical injuries or history that are in constant or frequent pain. If those symptoms are causing them problems and discomfort, they should be reporting those symptoms to the medical providers available to them.
If you are reading this and are unsure of your rights or legal responsibilities under maritime law, our office is available to speak with you and determine if we can assist you with your situations. Crew members who are injured or become sick while in the service of a ship are almost always required to file claims in arbitration according to their contract with their employer or their union’s collective bargaining agreements. [For more information about this subject, please call our toll free number 1+(877) 372-0817 or email us at intake@cruiselawyermiami.com 24/7]. The only exception to this general rule is for seafarers employed by various third-party concessionaires including the companies that operate the saunas and spas, such as Steiner /One Spa World, gift shops such as those operated by Starboard Cruise Services, etc.
If you or a loved one is working on a cruise ship or did work on a ship recently and were injured in the service of the ship during your contract period, you have the absolute, no-fault right to medical treatment and “cure” which is generally understood to mean room and board until you are determined by a physician to be medically cured meaning you have reached “Maximum Medical Improvement” or “Maximum Medical Cure”. If you have been injured now, or are in pain from prior injuries, don’t hesitate to contact a Miami Cruise Lawyer with experience in maritime and personal injury law in the United States and Florida today, where the cruise lines are based, to learn what your options and legal rights are Under the General Maritime Law of the United States, against the company that employs them or the ship they were sailing on. Call us today for a FREE case evaluation! You pay NOTHING until YOU win your case!
If you have lost wages or medical expenses as a result of your employment with a cruise line, call us today for a FREE consultation. Under the General Maritime law of the United States, seafarers have a limited amount of time to make a claim for personal injury or illness suffered in the service of a vessel. If this time period ends, your ability to make a claim for a life changing illness or injury may be permanently barred.
DON’T WAIT and Call or Email us at Delgado Trial Attorneys: the Miami Cruise lawyers! Use our 50 years of combined experience in maritime law, cruise law and personal injury law!
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Tagged crew claims, crewmembers, jones act, repatriation, seafarer