How to facilitate obtaining of compensation in the event of a tragedy?

The profession of a seafarer is dangerous and traumatic in itself. Given the nature of the work, it is difficult to get urgent medical care, especially during the pandemic, when many states refuse even to transport sick crewmembers ashore, citing restrictions due to the coronavirus. Unfortunately, injury or even death while on voyage can happen to anyone. After the tragedy on board, families struggle not only with grief, but also with an additional burden of worries as they often face problems in obtaining compensation. In this regard, the issue of life insurance of crewmembers is particularly acute. The ITF inspector in Novorossiysk, to whom relatives often turn for help in problematic situations, told about how to avoid difficulties in obtaining compensation or at least reduce their likelihood.

First of all, before signing the contract, she advises to carefully study not only the status of the shipowner, the condition of the vessel, working conditions, but also insurance conditions. The Next of kin column in the contract must be filled in, otherwise the relatives will receive compensation only after 6 months. A copy of the contract must necessarily be left at home, as often family members do not even have a clue where the seafarer works.

«It is also important to check whether there is a «compensation» column in the contract at all and whether the amount is indicated there. For example, in my practice on a ship under the flag of Iran there was such a situation: there is a reference to possible compensation in the contract, but the amount is not specified»,- Olga Ananina said.

It is also worth checking in open sources which P&I company is the insurer: this can be easily done, for example, on the Equasis website. The ITF inspector in Novorossiysk personally encountered difficulties related to this- on a Panamanian-flagged vessel owned by an Arab company, it was possible to identify the insurer and get compensation only under threat of arrest of the ship. It is worth checking the terms of payment. «There was a real case – it turned out that according to the terms of the contract on a Hong Kong–flagged vessel, compensation was due only if death occurred as a result of an accident. It was possible to obtain it only with the help of a British lawyer» Olga Ananina shares. However, it is necessary not only to monitor the terms of the contract, but, more importantly, to be attentive to your own health. It is worth to join the vessel only with an «honest» medical examination, clearly realizing that if the cause of death turns out to be a chronic disease, the family may be left without compensation.

«If you experience alarming symptoms, you should not wait, taking tons of painkillers, but you should immediately demand a visit to the doctor. If the port refuses– then at least get telemedicine help. It is clear that it is almost impossible to make a correct diagnosis remotely, but the fact of the appeal will be recorded, and then it will be possible to force the company to pay sick leave or compensation»,- advises Olga Ananina.

Photo Nautilus International