A Royal Caribbean employee claimed that she was injured while working. This isn’t my case. She started physical therapy.
Pain Traveled To Her Left Arm
She began to feel intense neck pain radiating to her left arm.
She Had an MRI of Neck
She had an x-ray and an MRI of her neck (cervical spine) that showed she had nerve compression at C4-C5 (in her neck).
The Royal Caribbean Cruise Lines employee’s injuries included:
- Carpal tunnel syndrome
- a performed a median nerve neurotomy, neurolysis and exploration
She performed deep cleaning duties using a mop and bucket to clean the floors, which required her to use hand pressure to squeeze the mop.
Supervisor Allegedly Still Required Her to Work Even Though Arm Was Numb
Even though she allegedly woke up and found her right arm was numb between the elbow and fingers, her supervisor allegedly required her to work in pain for approximately three days.
She Sued Royal Caribbean Claiming Failure to Have a Safe WorkPlace
She sued Royal Caribbean in 2010 in Miami-Dade County, Florida and claimed the following:
- Failed to use reasonable care to provide and maintain a safe workplace.
- Failed to promulgate and enforce reasonable safety rules and regulations to ensure the health of crew members.
- Failed to provide adequate training and supervision of its supervisors and officers.
She Also Sued for Failure to Give Her Proper Medical Care
- Failed to provide prompt, adequate and proper medical care.
- Failed to ascertain the cause of similar prior accidents so as to prevent their recurrence.
- She also claimed the vessel she worked on was unseaworthy because it lacked a properly trained crew and adequate. manpower for the tasks being performed.
Pain and Suffering Compensation Given Because Cruise Employee Case
This is a Jones Act case. Normally, in a case against your employer, you cannot get money for pain and suffering. But if you are injured while working for a cruise line, you can get money for pain and suffering under the Jones Act if you can prove that the employer caused your accident.
$27,000 for Past Pain and Suffering; $155,000 for Future Pain and Suffering
$27,000 was for past pain, suffering, disability, physical impairment, mental anguish, inconvenience and loss of capacity for enjoyment of life. $155,000 was for future pain, suffering, disability, physical impairment, mental anguish, inconvenience and loss of capacity for enjoyment of life.
The case is Lavia v. Royal Caribbean Cruises; 10-22925-CA-02.
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