Crew Member Injury Claims on Yachts

Working Aboard a Yacht Can Be Dangerous

Working on a yacht may look glamorous from shore, but crew members often perform physically demanding jobs in an environment that is constantly moving.

Deckhands handle heavy lines and equipment. Engineers work around machinery, electrical systems, and engines. Stewards and other interior crew members may move through narrow passages and stairways while the vessel is underway. Captains and officers may work long hours while navigating and supervising operations.

Even routine tasks can become dangerous when combined with rough seas, wet decks, heavy equipment, tight spaces, and vessel movement.

An injury may occur suddenly during a collision or equipment failure, or develop after repeated exposure to unsafe working conditions.

Common Yacht Crew Injuries

Yacht crew members may be injured while performing a wide range of duties aboard the vessel.

Common accidents may involve:

• Slips and falls on wet decks

• Falls from ladders or stairways

• Line-handling accidents

• Mooring and docking incidents

• Winch or machinery accidents

• Falling objects

• Electrical shocks

• Fires or explosions

• Engine-room accidents

• Propeller injuries

• Falls overboard

• Collisions and groundings

• Unsafe lifting or repetitive physical work

• Exposure to hazardous chemicals or fumes

• Inadequate safety equipment

• Assaults involving other crew members

The circumstances surrounding the accident can affect what legal protections may be available.

The Jones Act and Injured Yacht Crew Members

One of the most important federal laws protecting qualifying maritime workers is the Jones Act.

The Jones Act allows a seaman who is injured in the course of employment to bring a civil action against an employer.

Whether a yacht worker qualifies as a seaman depends on the worker's relationship to a vessel and the nature of the work performed. A person's job title alone does not necessarily determine their legal status.

Crew members such as captains, deckhands, engineers, stewards, chefs, and other yacht employees may potentially qualify depending on the circumstances.

A Jones Act claim may arise when employer negligence contributes to an injury. Potential examples may include:

• Failing to provide reasonably safe working conditions

• Inadequate crew training

• Unsafe work procedures

• Failure to maintain equipment

• Insufficient staffing

• Requiring employees to work while excessively fatigued

• Failing to correct known hazards

• Providing defective or inappropriate tools

• Negligent acts by other crew members

Determining whether the Jones Act applies requires examining the worker's duties, employment relationship, and connection to the yacht or fleet of vessels.

Unseaworthiness Claims

An injured seaman may also have rights under general maritime law when an unsafe condition makes a vessel unseaworthy.

A seaworthy yacht does not have to be perfect. However, the vessel, its equipment, and its crew generally must be reasonably fit for their intended purposes.

Potential conditions associated with an unseaworthiness claim may include:

• Defective equipment

• Unsafe decks or walking surfaces

• Inadequate safety equipment

• Improperly maintained machinery

• Insufficient or incompetent crew

• Unsafe methods of performing work

• Broken ladders, railings, or other vessel components

The Supreme Court has long recognized a shipowner's duty to provide a seaworthy vessel to members of its crew.

An unseaworthiness claim is different from a Jones Act negligence claim, even though both may arise from the same accident.

Maintenance and Cure After a Yacht Crew Injury

Qualifying seamen who become injured or ill while in the service of a vessel may also be entitled to maintenance and cure.

Maintenance generally refers to reasonable food and lodging expenses while the crew member is recovering ashore.

Cure generally refers to necessary medical treatment related to the injury or illness.

Unlike a negligence claim, maintenance and cure generally does not depend on proving that the employer caused the injury. The Supreme Court has described the obligation as one imposed on shipowners without regard to fault when a seaman becomes injured or ill while in the ship's service.

Maintenance and cure may continue until the seaman reaches maximum medical recovery, depending on the circumstances.

Because disputes can arise over medical treatment, payment amounts, or whether a crew member qualifies for benefits, injured yacht workers should keep records of medical expenses, living costs, employer communications, and treatment recommendations.

What if Another Company Caused the Injury?

Not every yacht crew injury is caused solely by the employer or vessel owner.

Other companies may work aboard or around a yacht, particularly during maintenance, repairs, fueling, provisioning, or marina operations.

Depending on the accident, potentially responsible third parties may include:

• Equipment manufacturers

• Repair contractors

• Maintenance companies

• Marina operators

• Fueling companies

• Dock owners

• Vessel manufacturers

• Equipment suppliers

• Other vessels and their operators

For example, a crew member injured by defective machinery may potentially have a claim involving the equipment manufacturer in addition to any maritime claims related to employment.

Identifying every party involved can therefore be an important part of investigating a yacht crew injury.

Evidence After a Yacht Crew Accident

Evidence aboard a yacht can change quickly after an accident. Equipment may be repaired, decks cleaned, vessels relocated, or crew members sent to different assignments.

Potentially useful evidence may include:

• Photographs and videos

• Witness statements

• Vessel surveillance footage

• Accident and incident reports

• Vessel logs

• Crew schedules

• Employment records

• Training materials

• Safety policies

• Maintenance and repair records

• Equipment inspection records

• Text messages and emails

• Medical records

• Coast Guard reports

• Navigation or electronic vessel data

Keeping copies of employment contracts, pay records, crew agreements, medical documents, and communications with the employer may also help establish the worker's relationship to the yacht and what happened after the injury.

What if the Injured Worker Is Not Considered a Seaman?

Not every person who works aboard or around a yacht qualifies as a seaman under the Jones Act.

Some maritime employees may instead be covered by other federal or state workers' compensation systems depending on their job duties and where they work.

For example, the Longshore and Harbor Workers' Compensation Act provides benefits to certain maritime employees but specifically excludes masters and members of a vessel's crew.

Determining worker status can therefore be one of the most important issues after a maritime workplace injury.

A person's actual work and connection to the vessel generally matter more than the title printed on a contract or uniform.

Compensation After a Yacht Crew Injury

A serious yacht accident can prevent a crew member from returning to work for weeks, months, or permanently.

Depending on the applicable law and circumstances, a claim may involve compensation or benefits related to:

• Medical treatment

• Maintenance and cure

• Lost income

• Reduced earning capacity

• Pain and suffering

• Disability

• Rehabilitation expenses

• Future medical care

• Other injury-related losses

Fatal yacht crew accidents may also give surviving family members or a personal representative potential legal rights depending on the circumstances and laws that apply.

Morgan & Morgan May Be Able to Help

Claims involving injured yacht crew members can require answering complicated questions about seaman status, employment relationships, vessel ownership, unsafe working conditions, and which maritime laws apply.

Morgan & Morgan's maritime accident attorneys can investigate how the injury occurred, preserve important evidence, determine which parties may be responsible, and fight for the compensation and benefits you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee is Free®, you pay nothing unless we win your case.