Like many countries that are well into the international trade system, the United States relies upon maritime transport for importing and exporting many products and commodities. The US Trade Representative has declared that waterborne shipping is critical to US international commerce. It is responsible for nearly 70% of US trade in terms of weight and close to 40% in terms of total value.
Core to the industry are maritime workers who toil tirelessly and seek to preserve the maintenance of vessels, ports, and shipping infrastructure that offer fast, efficient transport of goods across global markets.
Like any other workers, maritime workers are entitled to rights. Sadly though, most of them do not have a thorough understanding of them, leading to cases of rights infringement. You need to know what your rights are as a maritime worker to overcome these challenges appropriately.
From safe working conditions to fair compensation, knowledge of what is rightfully yours can get you a long way.
Let’s discuss the important legal rights that every maritime worker should know.
The Unique Challenges Maritime Workers Face
Maritime workers face a multitude of bizarre challenges that they must overcome to complete their tasks. The prolonged stay at sea with widely spaced visits at port naturally leads one’s mental state to deteriorate.
There is no knowing when the sea may become harsh due to weather conditions, leading toward unsafe and exhausting operational situations for maritime workers. According to San Diego maritime lawyer Frank S. Clowney III, maritime workers’ injuries can result from unsafe work environments, unsafe equipment, and negligence on the part of a superior or employer.
The collaboration and communication of a maritime crew are important, especially in emergencies. The crew members must stay calm and composed during such situations. It is important to maintain this aspect since emergencies can raise tension among them but it also serves as a way to unite them.
Essential Rights and Protections Every Maritime Worker Should Know
Seafarers are entitled to minimum wage and the regular maritime payment. They are, likewise, granted other benefits outlined in their employment contracts.
Workers have a workplace protected by safety measures against hazards. Employers are to train and equip their staff to avoid risks.
Maritime workers are also entitled to report unsafe working conditions without fear of retribution. They must also be given adequate access to medical care and an appropriate form of compensation in the event of a workplace injury.
It is your right to be well-informed about your rights and conditions of employment, including your job descriptions and hours of work. Such powers themselves are important because, with them, you can ask for rights for yourself or your colleagues.
How Maritime Laws Protect Workers’ Rights
Maritime laws are in place to enforce several obligations regarding workers’ rights in the maritime industry, including, but not limited to, fair treatment, protection from exploitation and the implementation of certain rights.
They are designed to regulate certain aspects of employment, which include aspects of remuneration, working hours, occupational safety, etc. Under the Jones Act, maritime workers can receive compensation after suffering injuries caused by the negligence of the employer.
The Longshore & Harbor Workers’ Compensation Act says maritime workers are entitled to certain benefits for injuries taking place on navigable waters or adjacent areas.
As an employee, you have the right to be in a safe working environment. If your rights are violated or infringed upon, there are various remedies that you can look into to receive compensation.
How to Stand Up for Your Rights as a Maritime Worker?
You can begin defending your rights by starting first with an inherent knowledge of those rights. An important starting point would be familiarizing yourself with the existing maritime laws.
Documentation is important to prove your claims. Record the atmosphere in your workplace. Include your wages, information, and other occurrences that are worth noting.
Speak up when you feel your rights are being violated. You can tell a trusted colleague about your ordeal before directly talking to a supervisor.
Having somebody stand behind you in support provides assurance. A maritime lawyer can advocate for your interests. They are also available for consultation should you need to seek legal advice.
Resources for Maritime Workers Seeking Support and Guidance
The Seafarers International Union or the Maritime Trades Department will provide very valuable support and advocacy.
Law clinics and maritime attorneys specializing in workers’ rights also give out personalized support tailored to your situation.
Go online and seek discussion sites and community groups that share experiences and provide suggestions from other employees.
For a change, you may start researching along the lines of federal safety laws and reporting requirements. Review training projects and education programs. Familiarize yourself with federal establishments such as OSHA (Occupational Safety and Health Administration). They are authorities that can help in your ordeal.
Maritime workers need to know about their rights at sea together with the necessary supplies to safeguard themselves. When the laws that govern work circumstances are known, becoming a whistleblower becomes more of a responsibility to you or any of your colleagues.
Learning labor rights is important to protect yourself from any unjust treatment in the workplace.
