(1) The right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he or she has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to demand and recover the same although the freight has not been earned; but in the event of wreck, or loss of the ship, proof that the seaman has not exerted himself or herself to the utmost to save the ship, cargo and stores, shall bar his or her claim for wages.