Injured Carnival crew member may finally get the $1.36 million the company owes him
Five years and two legal processes later, Carnival may finally pay one of its injured crew members what the company owes him.
Against all odds, 35-year-old Albanian waiter Genti Jankula won a $1,357,831.40 arbitration award from Carnival Corporation in September 2018, but the company refused to pay, arguing the arbitrator didn’t treat the company fairly. A federal judge in Miami disagreed last week and ordered the company to pay Jankula that amount plus about $186 per day in interest.
The decision comes five years after the longtime Carnival Cruise Line employee broke his back aboard the Carnival Valor cruise ship and was forced to navigate the private legal system for cruise lines and their employees.
Jankula began working for Carnival Cruise Line in 2007 as an assistant waiter when he was 23, according to an affidavit. He passed a health screening in July 2014 and joined the staff of the Carnival Valor ship on December 7, 2014, at the age of 30, court records show. That same day, as he was attempting to climb into his bunk, the handle on the bed ripped off the wall and Jankula fell backward, breaking his back. Carnival sent him home to Albania to receive treatment, where doctors determined he had multiple spinal fractures.
When Carnival stopped paying for Jankula’s medical treatment in 2015, he contacted Miami maritime attorney Tonya Meister. Ship workers are legally entitled to housing, food and medical costs from their employers until they fully recover from injuries at sea. From March 2015 to April 2016, Meister sent six letters to Carnival Corporation asking the company to provide him more care, including physical therapy. When Carnival refused, Jankula asked an arbitrator to hear the case in July 2016.
“Prior to the ... injuries I used to be active and happy,” Jankula said in an affidavit. “My friends and I would go hiking, play soccer and do other activities. I enjoyed walking for hours. I used to help my mother and family. Now, even simple things, like sitting on the beach or playing chess while seated, cause me increased pain. After sitting for a while the pain gets more intense. I lay down to get relief from the pain.”
Carnival requires its crew members to sign contracts that have mandatory arbitration clauses, meaning if they get injured on the job they can’t sue the company in U.S. federal court. Injured crew members must resolve disputes under a private arbitrator paid by Carnival using Panamanian law. Carnival is a Panamanian company although its headquarters are in Miami.
In September 2018, an arbitrator in Monaco found that Carnival was negligent and ordered the company to pay $1.4 million for medical expenses, loss of earnings and pain and suffering. Carnival contested the decision, saying the arbitrator treated the company unfairly, and lost.
Still, Carnival refused to pay Jankula. So in November 2018, he sued the company in federal court in Miami, asking a judge to force Carnival to pay him. U.S. District Judge Ursula Ungaro sided with him on Wednesday, September 18, ruling Carnival must pay up. Carnival did not respond Tuesday to requests for comment about the case.
Meister, who represents dozens of injured crew members, hopes Carnival will finally pay Jankula.
“It’s been a very long road,” she said. “The law is supposed to bring out truth and justice, but the arbitration process is a very one-sided procedure. The cruise lines make it so difficult for a crew member to pursue their legal rights, and when the crew member does win, they still try to avoid paying.”
Jankula is living with his mother in Albania. Through his attorney he said in a statement Tuesday, “I am so happy with the court’s decision. I will now be able to get the medical care.”
This story was originally published September 25, 2019 at 6:00 AM.
