THIS WEEK’S UPDATE:
CORONA VIRUS, 1.0
This story was first published on April 24, 2020 as seen on our Facebook page
Welcome to Miami Cruise Lawyers’ first of a once-a-week series that we will continue to provide 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 first article will explain the various options that seafarers and sailors have to pursue claims against their employer to make them pay for their negligence and the harm it has caused.
In the coming weeks, The Miami Cruise Lawyers anticipate filing demands for arbitration on behalf of our clients from all across the globe against the major cruise lines that employed them. The Miami Cruise Lawyers understand that through no fault of their own, many crewmembers from the world’s major cruise lines were needlessly and recklessly exposed to the Coronavirus. Far too many innocent men and women that were employed onboard cruise ships had developed life threatening conditions after contracting COVID-19 because of the cruise line’s negligence and greed, placing their own profits over the wellbeing of both their crew and their passengers.
Crew members who are injured or become sick while in the service of a ship are 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 [email protected] 24/7]
If you or a loved one was on contract during the corona virus pandemic and were exposed to the virus and/or were diagnosed as positive for COVID-19, your employer has an obligation to pay for the entirety of your medical expenses until you have been cured, in addition to your living expenses. If you were exposed to the virus or contracted the virus, you may be able to pursue a claim against the cruise line for negligently and recklessly putting you in harm’s way. If you or any of your friends, family or loved ones know a seafarer that was diagnosed with Coronavirus, or that was injured or became ill while working for the cruise lines, call us today for a FREE case evaluation! You pay NOTHING until YOU win your case!
“Until about 15 years ago, most seafarers in the cruise industry were allowed to have their day in court and earn the justice they deserved. Today, things aren’t quite the same.”
As you may have heard, a number of seafarers employed by Celebrity Cruise Lines, represented by one of our colleagues in the maritime plaintiff’s bar and crewmember coalition member, have initiated their attempt to pursue their claims against the companies in US Federal Court as a class action suit. We are not of the opinion that the class action suit will not survive a motion to dismiss based on the decade and a half of case law time and again reinforcing the judicial deference to the New York Convention.
Until about 15 years ago, most seafarers in the cruise industry were allowed to have their day in court and earn the justice they deserved. Today, things aren’t quite the same. The system changed drastically for seafarers after the Eleventh Circuit [we believe wrongly] decided Bautista v. Star Cruises which required seafarers to pursue their personal through arbitration.
The class action system provides a vehicle for groups of affected individuals to make a claim, but class actions typically result in far less compensation per individual as compared to pursuing a claim individually through arbitration.
The Miami Cruise Lawyers continue to strongly recommend that its clients pursue their claims individually and OPT OUT of any potential class certifications. Failure to OPT OUT of a class could limit your ability to later pursue your case individually and have the ability to control your claim instead of getting lost in the crowd.
If you do not OPT OUT of the class, this may forfeit your right to pursue compensation for your injury or illness in this future.
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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