Absent the clear terms of a collective bargaining agreement, courts also look to the custom, practice, and expectation of the parties that a seaman would receive certain benefits as compensation during his service aboard the ship in order to place the seaman in the same position he would have been in had he continued to work. If there was a custom and practice of paying overtime wages, then the injured seaman is probably entitled to them for the remainder of the voyage or the term of his employment.


Courts have extended this reasoning to tips and vacation pay as well. As those benefits are directly attributable to the seaman’s work aboard the ship and an inherent part of his wage agreement, the seaman is entitled to them.


If employers want certainty with regard to payment of unearned wages for injured seaman ensure that the articles and collective bargaining agreement clearly and consistently state the terms of employment. Also, employers should be prepared to pay overtime, tips and vacation pay to an injured seaman if those are items of compensation the seaman would regularly earn under normal working conditions.


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