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A lifeboat overturned by the Norwegian breakout: A security drill went awry and killed two Filipino crew members. SCREENGRAB
NEW YORK – Last week, Norwegian Cruise Line asked a federal judge to order an arbitration in the Philippines – instead of a lawsuit in the United States – to settle a lawsuit for negligence brought by the family of a Filipino sailor who died two years ago while he was taking part in a rescue exercise aboard a cruise ship.
NCL (Bahamas) Ltd. Filed in Florida Federal Court on Thursday, July 19, 2018, affirming Geraldine Buenaventura's allegations of her husband's death. Ben Buenaventura, must be arbitrated in the Philippines in accordance with the terms of the employment contract that he signed with the cruise company.
Although it is illegal under federal law to force arbitration without a written agreement between the parties, the cruise ship argued that the signed employment contract fulfills several conditions for arbitrating litigation in the Philippines. The cruise company also stated that Buenaventura was not a US citizen
Arbitration occurs when a private lawyer decides the outcome of a case as opposed to a judge or an impartial third party.
Deadly Safety Drill [19659003] Buenaventura died on August 27, 2016 after the failure of a safety exercise on a lifeboat while he was aboard the Norwegian Breakaway and that the ship was moored in Bermuda. He was taken to the intensive care unit of a hospital in Miami, Florida
. Buenaventura, who worked as a waiter, suffered a traumatic brain injury and fracture to the legs, hips and right arm. After spending more than a month in intensive care, he succumbed to his injuries
Ben Buenaventura, a member of the crew, seen here with his wife, Geraldine, died as a result of his injuries following a safety accident. His Filipino colleague Diogenes Carpio, 41, also died in the accident.
Geraldine Buenaventura, who was also working for Norwegian Cruise Line as a restaurant hostess, sued NCL Ltd., alleging that her husband's death caused by the negligence of the cruise ship and failure to provide safety equipment aboard the Norwegian Breakaway. Davit International, the manufacturer of the crane that broke it by lowering a lifeboat during the safety exercise, was also named in the lawsuit.
Settlement by Arbitration
For nearly a century, the United States has granted protection and various rights, including the right to medical care, food and housing , to all seafarers, irrespective of their nationality
. indemnify for injuries suffered by their employer and have the right to sue their US employers in a US court.
But in 2005, after major cruise lines argued that foreign arbitration should be applied to employees who had signed an international trade agreement. contracts, a federal court ruled in favor of the cruise lines.
Arbitration Clause
Maritime Defense Groups stated that it was the beginning for many cruise lines to include a clause in the contract of work of a sailor who provides for arbitration in case of injury or accident.
And since the decision, when Filipino seafarers file lawsuits in US courts, federal judges often dismiss them, ordering these cases to be settled by arbitration. Philippines
According to the Maritime Injury Guide (MIG), "some employers prefer arbitration because the benefits and the amount of compensation are usually reduced." Other employers prefer Arbitration because a litigation and a jury trial can be lengthy and costly. 19659003] Once an arbitration decision was made between the employer and the sailor, MIG says: "There is not much recourse for sailors [or their family] when they dispute the result. "
"Most of us," said a Filipino sailor who is currently renewing his contract with a cruise line and therefore does not want to be identified
.10 in small letters, on the last page of the Nobody pays attention, which unfortunately turns out to be one of the most important parts of the contract, "he added.
Trial Filed in the Philippines
Last January, Geraldine Buenaventura was reportedly prosecuted in the Philippines. But the Philippine arbitral tribunal dismissed him because the court would not have jurisdiction over his complaint.
Since the Philippine court dismissed the case, Geraldine now argues that she has the right, under the Jones Act, to sue. the United States on the wrongful death of her husband.
If Norwegian Cruise Line could force it to arbitration in the Philippines, it could be denied the right to a jury trial in the United States. In addition, the compensation that she could get can only be a fraction of what can be awarded by an American jury.
In the United States, seafarers may claim damages for negligence on the part of the employer. The Filipino arbitration system, however, does not allow seafarers to sue for negligence – and offers only compensation based on a predetermined compensation table, in which each part of the body
If a Filipino sailor loses a toe, for example, he is valued at about $ 5,225. Or, if a Filipino sailor loses both feet, he or she could be paid about $ 29,500. The highest amount that a Filipino seafarer could get for a permanent disability or death is $ 60,000
One-third of ship laborers
Filipinos account for more than 30 % of all marine workers. world. Statistics on the number of seafarers usually injured or deceased each year are difficult to obtain in part because of compliance.
Between 2015 and 2016, according to Seafarers & Rights International, approximately 206 injury cases were reported. Of these cases, 86% were considered serious.
But a P & O Princess Cruises study found that about 4500 sailors are sent ashore for treatment every six months. Since cruise lines self-report injuries and flight attendants do not include shore treatment, the number of injured sailors could be higher. "
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