British Seafarer Sues MSC Cruises After Onboard Injury Aboard MSC Virtuosa Alleging Unsafe Working Conditions and Delayed Medical Care
Trevor Winwrith Lackwood Wilson, a citizen of the United Kingdom and professional seafarer, has filed a maritime personal injury lawsuit against MSC Malta Seafarers Co. Ltd., MSC Cruise Management (UK) Ltd., and MSC Cruises S.A. The complaint, originally filed in Florida state court and now removed to the Southern District of Florida under Case No. 0:25-cv-62017-MD, stems from alleged injuries Wilson sustained while working aboard the MSC Virtuosa—a Malta-flagged cruise ship operated by MSC Cruises.
MSC Crew Member Alleges Injury While Lifting Trays Aboard MSC Virtuosa and Faulty Medical Response
According to the complaint, Wilson was injured on or about June 18, 2022, while performing duties aboard the MSC Virtuosa. The incident reportedly occurred when he was lifting and carrying food trays as part of his responsibilities. Wilson contends that the ship’s work environment and equipment were unsafe, ultimately causing him to suffer serious musculoskeletal injuries.
Following the injury, Wilson sought medical attention onboard and later ashore. However, the lawsuit alleges that MSC failed to provide him with timely and adequate medical care, both during his employment and after his repatriation. He asserts that this delay worsened his injuries and prolonged his recovery.
Lawsuit Includes Claims Under the Jones Act, Panamanian Law, and Maritime Doctrines
Wilson brings multiple claims against MSC Cruises S.A., including Jones Act negligence, unseaworthiness, failure to provide maintenance and cure, failure to provide adequate medical care, and claims under Panamanian law—the governing jurisdiction of his seafarer employment agreement.
The complaint alleges that the MSC Virtuosa was unseaworthy at the time of the incident due to unsafe working conditions, lack of appropriate equipment, and failure to provide a reasonably safe place to work. Additionally, Wilson accuses MSC of breaching its duty to pay maintenance and cure benefits, which are owed to injured seafarers under general maritime law.
He also seeks compensation under Panamanian labor law for disability and breach of contractual obligations outlined in his employment contract and the governing Collective Bargaining Agreement (CBA).
MSC Seeks Arbitration in London Based on Seafarer’s Employment Agreement
In its Notice of Removal, MSC Cruises S.A. asserts that Wilson’s claims are subject to mandatory arbitration in London, pursuant to the arbitration clause in his Collective Bargaining Agreement. Citing Article 31 of the agreement, MSC argues that all claims—including those for personal injury, medical negligence, and contractual benefits—must be resolved through binding international arbitration under the New York Convention.
The cruise line also invoked multiple federal statutes, including 9 U.S.C. § 205 and 28 U.S.C. § 1441, as grounds for removal to federal court. The arbitration clause includes a waiver of jury trial and class action participation, according to court documents.
Crew Member Seeks Damages for Medical Costs, Disability, and Lost Earnings After Injury Aboard MSC Virtuosa
Wilson seeks damages for lost wages, pain and suffering, disability, emotional distress, medical expenses, and loss of earning capacity. He also requests compensation for MSC’s alleged failure to provide proper follow-up care and repatriation support. His injuries are claimed to be permanent or continuing in nature, and the complaint suggests that MSC’s conduct aggravated his condition and violated maritime and labor standards.
Injured While Working on a Cruise Ship? Maritime Law Protects Seafarers’ Rights Worldwide
Seafarers who suffer injuries while working aboard cruise ships may be entitled to substantial compensation under the Jones Act, general maritime law, or international employment agreements. Cruise lines like MSC are legally obligated to provide safe working conditions, adequate medical care, and prompt wage and benefit payments for injured crew members.
If you are a cruise ship worker injured on the job, you have rights—regardless of your nationality or the flag of the ship.
Contact our maritime crew injury attorneys for a confidential consultation.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.