Cruise lines owe their crew members the absolute legal duty of providing medical treatment when the crew become sick or injured on the company’s cruise ships.
Pursuant to the “maintenance and cure” doctrine, the cruise line is required to provide “maintenance” (room and board) and “care” (medical care and treatment) to the point that the crew member reaches his or her “maximum medical improvement.”
This ancient legal doctrine of protecting seafarers can be traced back to the Medieval Sea Codes. It was introduced into United States Maritime Law by the Supreme Court in 1823. Under the doctrine, the cruise lines has an affirmative obligation of taking care of their injured employees in a manner which is no different than the natural responsibility of a mother or father to a child, the courts have analogized.
But putting pleasant-sounding legal theories aside, in reality the practice of the cruise lines today is quite different. When a crew member hires a lawyer, the cruise lines put the sick crew member in dirty, low-rent hotels where they feed them disgusting food. Unfortunately, the Miami-based cruise lines act like resentful uncaring parents who neglect their responsibilities.
Royal Caribbean: When I first began representing crew members in the 1990’s, Royal Caribbean used to house their injured crew members in a hotel close to South Miami Hospital. It was a nice, safe hotel with good food where crew members could go to and from the hospital with little inconvenience. But as soon as the crew member hired a lawyer, the cruise line would retaliate against their sick employee. Royal Caribbean would immediately kick the crew member out of the hotel and send them to a dump-of-a-hotel near I-95 and 163rd Street. The area was known as a hang-out for drug dealers and prostitutes. The hookers would use the dirty hotel rooms on an hourly basis. It was a dangerous and demoralizing location for ill crew members to try and recuperate.
More recently, Royal Caribbean uses a hotel in Miami hear 8th Street. Here are some of the descriptions on Trip Advisor:
“This hotel is absolutely horrible! Do not stay here. Management is awful. Toilet overflows constantly and cleaning crew does not help. . . Stay away from this hotel. Don’t even spend a $1 on this hotel.”
“Nothing good about this place . . . the room has no air conditioner or working fan. The bathroom was disgusting and had a terrible odor coming from the sink. Next thing, it was 11 pm and there were people just screaming for ages in the hallways . . . Don’t stay here!!!
Crew members at this hotel complain regularly about roaches, no hot water, inedible greasy salty food (photo above by crew member), extra charges for bottled water, malfunctioning televisions, and unsanitary bathrooms.
Carnival: We receive the same type of complaints from crew members on sick leave in the hotels which Carnival selects especially for its injured crew members who are represented by lawyers. It’s a disgraceful practice. One crew member undergoing back surgery sent us a video below of a rat that lives under the buffet in the crew member dining room.
We complained to Carnival, but it could care less.