PANAMA CITY ROOTS. TWO OCEANS.   A guide by Fernando Yemail & Feeling Yachty
Yachty Guide Panama by Feeling Yachty
Yacht careers · Crew

Yacht crew injuries in Panama: CSS and employer duties

Crew employed in Panama are covered for work injuries by the Caja de Seguro Social's occupational-risk insurance (riesgos profesionales). The employer pays the whole premium, gives first aid and reports the accident to the CSS in writing within 48 hours. An employer that never registered you owes the benefits itself. Crew on foreign yachts rely on private insurance.

The CSS occupational-risk scheme

Decreto de Gabinete 68 of 1970 gave the Caja de Seguro Social (CSS) sole responsibility for compulsory occupational-risk insurance in Panama:

  • Who is covered (Art. 7). Employees of any person or company operating in Panama, whatever its size. A two-boat charter company is covered just as a shipyard is.
  • Who pays (Art. 47). The employer pays the occupational-risk premium alone, at the rates the CSS sets. Nothing comes out of your wage for it. Your own deduction is for the general CSS programmes.
  • Medical care is protected (Art. 43). Medical benefits cannot be refused because the employer is behind on premiums.

This is separate from the general CSS health and pension contributions covered in crew contracts and pay.

What counts as a work injury

The decree defines an accidente de trabajo as any bodily injury or functional disturbance a worker suffers in the course of, or because of, their work (Art. 2). That includes an accident on the way between home and work (Art. 3). An occupational illness (enfermedad profesional) is any condition caused by the work or by the conditions it is done in (Art. 5).

Injuries that commonly count on a boat:

  • Hands and fingers caught in lines, cleats or windlasses.
  • Slips on wet decks, swim platforms and docks, and falls through open hatches.
  • Tender and boarding accidents in a swell.
  • Burns in the galley or engine room.
  • Heat illness and serious sunburn after long days on deck.
  • Back and shoulder strain from fenders, coolers and provisioning.

A ride home after a charter can also be covered. Report it the same way.

What the employer must do

  1. Give first aid (Art. 16). Each workplace needs a first-aid kit or emergency equipment, and staff who can use it, until the CSS takes over. On a boat, the boat is the workplace.
  2. Report within 48 hours (Arts. 65–66). The employer must notify the CSS in writing, on CSS forms, of any possible occupational risk within 48 hours.
  3. Follow CSS prevention rules (Arts. 53, 55, 70). The employer must follow the CSS rules on protecting workers and allow its inspections. The CSS can also order prevention measures for a company or a whole industry.
  4. Register you. If the CSS cannot pay because the employer never registered you or did not pay premiums, the employer is liable for the damage to you or your dependants (Art. 42).

For anything serious, call for help first: medical emergencies on a boat in Panama covers who to call and how to get a casualty ashore.

What the CSS pays

  • Medical care. Medical and hospital care, medicines, and prosthetic or orthopaedic devices.
  • Temporary incapacity. A daily cash subsidy while you cannot work, until you recover or treatment ends.
  • Permanent incapacity. A pension in proportion to the degree of incapacity, or a full incapacity pension.
  • Death. Pensions for dependants.

The 1970 decree sets percentages for each benefit, and CSS laws passed since then may have changed them. Ask the CSS for the rates that apply to your claim. Keep copies of everything: the employer's report, medical notes, incapacity certificates and payslips.

Insurance on top of the CSS

The CSS covers employees in Panama. Some people are not covered, and some costs fall outside it:

  • Crew on foreign-flagged yachts employed abroad are usually not on the CSS. Their cover comes from the owner's crew medical policy, P&I or crew liability insurance, and the employment contract. Ask to see the policy, including medical evacuation and repatriation, before you join.
  • Panamanian-registered ships. Under Decreto Ley 8 of 1998, the seafarer's contract must set out the employer's duties for accident, illness and death, and name the insurer. After a duty injury that was not your fault, the shipowner pays to send you home.
  • Freelance day crew paid by the trip may have no CSS cover at all. That is one reason to insist on being employed properly.
  • Guests and third parties are not covered by the CSS. They are covered by the operator's civil-liability policy; see charter insurance and liability.

Buy any extra cover from an insurer authorised by the Superintendencia de Seguros y Reaseguros. The Florida comparison is yacht crew injuries, where US maritime law works very differently.

Your practical starting checklist

  1. Get first aid and, if needed, emergency help before anything else.
  2. Tell the captain and the employer the same day, and write down what happened.
  3. Make sure the employer files the CSS report within 48 hours, and ask for a copy.
  4. Get treated, and keep all medical notes and incapacity certificates.
  5. Check that you are registered: ask for your CSS number and recent contributions.
  6. If the employer refuses or never registered you, take advice from the CSS or a labour lawyer.

Frequently asked questions

Who pays for a crew member's work injury in Panama?

For employees, the CSS occupational-risk scheme, funded only by employer premiums. If the employer never registered the worker, it is liable for what the CSS would have paid.

How quickly must a work accident be reported to the CSS?

Within 48 hours, in writing on CSS forms, under Decreto de Gabinete 68 of 1970.

Is a day-rate freelance deckhand covered?

Often not, unless they are in fact an employee registered with the CSS. Paid weekly work for the same operator usually looks like employment under the Código de Trabajo, so take advice on the status.

Does the CSS cover crew on a foreign yacht in Panama?

Generally not, if they are employed abroad and not on a Panamanian payroll. They rely on the owner's insurance and their contract.

¿Qué hago si me lesiono trabajando en un yate en Panamá?

Reciba primeros auxilios, avise al capitán y al empleador ese mismo día y pida copia del aviso a la CSS, que debe hacerse por escrito en 48 horas. Guarde todos los documentos médicos.

CSS registration and what your contract should say. Read Crew contracts and pay in Panama.

Who to call and how to get a casualty ashore. Read Medical emergencies on a boat.

Guest and third-party cover for operators. Read Charter insurance and liability.

Same topic in Florida: coming from the US? Compare Crew Injuries and Reporting Responsibilities.

Official resources

Use the relevant Panamanian authority for current requirements and fees. These resources are the next place to check; a practical recommendation is not an agency determination.

Fernando Yemail is the owner of Feeling Yachty and is not a lawyer. Yachty Guide provides general educational information and practical recommendations, not legal, tax, insurance or individualized professional advice. Panamanian rules depend on the vessel, flag, activity and location and can change. Confirm current requirements with the relevant authority (AMP, ACP, SENAN, ATP, ARAP, MiAmbiente, Migración or Aduanas) and consult a qualified professional in Panama about your situation. Full disclaimer.