Leading Maritime Attorney Located in Florida
Advocating for Injured Crew Members
With over 25 years of experience representing injured crew members, we fight to secure the compensation and care you deserve under maritime law.
Have You Been Injured While Working on a Ship?
Top-Rated Miami Maritime Lawyer Fighting for Injured Workers at Sea
At Scolaro Law, we understand the unique challenges crew members face when injured on the job. As a maritime law firm, we focus on protecting crew members’ rights, ensuring they receive the compensation they deserve. Crew member claims are governed by the Jones Act and differ significantly from passenger claims. This distinction requires dedicated knowledge and experience, which we proudly bring to every case.
How The Jones Act Impacts Injured Crew Member Lawsuits
The Jones Act is a cornerstone of maritime law, designed to protect crew members injured while working aboard vessels. Unlike passenger claims, Jones Act claims involve complex legal standards and require a deep understanding of maritime law. At Scolaro Law, we have extensive experience litigating Jones Act cases and securing significant recoveries for our clients.
Key Rights Under the Jones Act:
- File claims for negligence: Crew members can hold employers accountable if unsafe working conditions or employer negligence caused their injury.
- Hold employers accountable: The Act requires employers to provide a safe working environment. Failure to do so can result in liability.
- Recover damages: Compensation can include lost wages, medical expenses, pain and suffering, and more
Understanding Your Legal Rights On Board a Cruise Ship
Do I Qualifiy as a Seaman?
Not all maritime workers qualify for Jones Act protections. To qualify, an individual must spend at least 30% of their work time contributing to the operation of a vessel in navigation. Crew members working aboard cruise ships, cargo ships, tankers, and other vessels typically meet this criterion. If you are unsure whether you qualify as a seaman under the Jones Act, Scolaro Law can help clarify your rights and eligibility.
Types of Crew Member Injuries and Claims
At Scolaro Law, our experienced team is dedicated to helping injured crew members navigate the complexities of maritime injury claims. Crew members often face hazardous working conditions that can lead to a variety of injuries
Common Injuries on the Job:
- Slips, trips, and falls on wet or uneven surfaces.
- Repetitive strain injuries from heavy lifting or repetitive motions.
- Burns, cuts, or fractures caused by machinery accidents.
- Exposure to toxic substances or hazardous materials.
- Medical Malpractice
Claims Under the Jones Act:
We’re here to help you navigate the legal process, from understanding your options to pursuing full compensation for your damages.
- Negligence: Employer failure to provide safe working conditions.
- Unseaworthiness: Defects in the vessel or its equipment that make it unsafe.
- Failure to provide medical care: Neglecting to provide adequate treatment for injuries or illnesses sustained on the job.
Medical Malpractice
$3.3 Million
Crew member Ilija Loncar was awarded $3,337,500 at Final Hearing after a serious medical error by Dr. Sebastian Campuzano, the ship’s doctor, led to the amputation of his arm.
Medical Malpractice
$2 Million
Thomas Scolaro’s client received a $2,000,000 recovery before Final Hearing after a severe case of medical negligence. During a voyage, the crew member developed a throat infection that was misdiagnosed and mistreated for weeks.
Crew Member Injury
$450,000
An engineer working in the cruise ship’s engine room, reached a $450,000 settlement with the cruise line after an explosion occurred
Crew Member Injury
$450,000
A performer received a $450,000 settlement after a dangerous incident during a high-dive performance on a cruise ship.
Legal Representation for All Types of Cruise Ship Injuries
Cruise Lines we Sue
We’ve taken on some of the biggest cruise lines to fight for justice. No matter their size or influence, we stand firm to secure the fair outcomes our clients deserve.
Negligence and Unseaworthiness:
Understanding the Difference
These claims often overlap, allowing injured crew members to pursue maximum compensation. Scolaro Law has the experience and resources to handle both types of claims effectively.
Strict Liability vs. Negligence in Crew Member Lawsuits
While negligence requires proving an employer’s fault, strict liability under maritime law applies in specific situations, such as violations of federal safety statutes. This distinction can strengthen a crew member’s claim, ensuring accountability for employer misconduct regardless of the crew member’s possible contributory negligence.
At Scolaro Law, we leverage our deep knowledge of maritime law to navigate these distinctions effectively. Our team meticulously investigates each case, identifies applicable safety violations, and builds a compelling claim to maximize compensation for injured crew members.
Crew Members Filing a Claim Can Feel Overwhelmed Due to:
- Employer pressure: Employers may discourage claims or retaliate against those who file.
- Fear of job loss: Many crew members, particularly those from economically disadvantaged countries, rely on their jobs to support their families.
- Jurisdictional issues: Determining where and how to file a claim can be complicated, especially when vessels operate internationally.
How We Help Crew Members After an On-Board Injury
- Give crew members a voice: We empower our clients to stand up for their rights without fear of losing their livelihood.
- Navigate jurisdictional complexities: Our team is skilled in handling cases that span international waters and legal systems.
- Provide comprehensive support: From filing claims to protecting against retaliation, we are with our clients every step of the way.
Partner With A Top Florida Maritime Attorney
Maintenance and Cure: What Every Crew Member Should Know
Maintenance covers daily living expenses, such as food and housing, while recovering from an injury. Cure ensures payment for medical care until maximum medical improvement is reached. Maintenance and cure are fundamental rights to injured crew members under maritime law. Employers are obligated to provide these benefits regardless of fault. However, disputes often arise, with employers attempting to minimize payments or prematurely cut off benefits.
How Our Seasoned Legal Team Can Assist You
At Scolaro Law, we are committed to protecting the rights of injured maritime workers. We ensure that clients receive full and timely payments for maintenance and cure, fighting back against employers who wrongfully terminate benefits or attempt to evade their responsibilities. Our team holds employers accountable for bad faith practices, including unnecessary delays or outright denials of rightful claims. In some cases, we pursue punitive damages when an employer unlawfully withholds maintenance and cure.
Arbitration and Final Hearing: How Does It Impact Your Case?
Many crew member contracts include mandatory arbitration clauses requiring disputes to be resolved outside of traditional courts, often in foreign jurisdictions or under specific rules like the ICC or AAA. These clauses can complicate cases, as arbitration results in binding decisions enforceable internationally.
At Scolaro Law, we have extensive experience navigating arbitration proceedings. From gathering evidence to presenting compelling arguments at final hearings, we handle every step with precision. Our team cross-examines employer representatives and advocates for fair compensation before the arbitration panel. Whether through arbitration or final hearings, Scolaro Law is prepared to fight tirelessly to hold employers accountable and ensure our clients receive the compensation they deserve.
Statute of Limitations on Crew Member Injuries
Under the Jones Act, injured crew members must file claims within three years of the injury. Acting quickly is crucial to preserving evidence and protecting your rights. Scolaro Law ensures:
- Claims are filed within the required timeframes.
- Evidence is preserved to strengthen your case.
- Deadlines are met without compromising representation quality.
Your Partner in Navigating Cruise Ship Litigation
How Scolaro Law Protects Injured Crew Members
At Scolaro Law, we go beyond the basics to ensure injured crew members receive the justice they deserve. Here’s how we make a difference:
Aggressive Advocacy
We are not afraid to take cases to arbitration or final hearings. We have done this before and will do it again to secure the best outcome for our clients.
Personalized Attention
We treat every client individually, taking the time to understand their unique circumstances and needs.
Extensive Experience
With over 25 years in maritime law, we know the strategies cruise lines use to minimize claims—and how to best counter them effectively.
Protection Against Retaliation
With over 25 years in maritime law, we know the strategies cruise lines use to minimize claims—and how to best counter them effectively.
Recent Blog Posts
Contact Scolaro Law Today
When you choose Scolaro Law, you choose a firm that will fight relentlessly for your rights. We are dedicated to standing up for injured crew members at every stage of the legal process.
"*" indicates required fields
