There was rather hard case we were dealing with and managed to claim the compensation for the family of the seafarer who has died aboard the vessel Theoxenia.
I’ll describe the difficulties of the case.
Some young seafarers consider the tankage to be something special and outstanding, a place where great salaries are being paid if to compare with the dry-cargo vessels, a place where a substantial experience from the very start can be gained, as well as a much higher social status. Moreover, as the seafarers see it, if you have been on the tanker, you would not be scared of any kind of labour any more, because it goes without saying that you are required, because you are the genuine elite.
Another case out of the no-win category has been closed. A seafarer being aboard the ” Andean” vessel, is being signed off because of the health condition and is delivered to Odessa in a very bad state. In accordance with the examination, the seafarer had the lung cancer with some brain metastasis. The treatment didn’t bring to improvement, and in 2,5 months after signing off he died.
The present article is a little bit unusual for me, but I’ll try to handle it. It’s not a secret that many “seafarers” have purchased their diplomas and are eager to conquer the seas and the oceans.
I’m not going neither judge nor accuse the rightness and lawfulness of such diplomas purchasing. It’s not a topic for discussion up to now. We’ll talk about the opportunities of going to the sea for the first time by this means.
It’s important to realize, that rank and file from Ukraine is not so much required there. Why so? There are various reasons: alcohol abuse, violation of labour discipline, ignorance of language etc. As well as trivial – the Philippines are much cheaper than the Ukrainians.
I’d like to hold on a little bit on the situation with the arrest of the vessel “Lady Boss” in the Spanish harbour with Ukrainian seafarers aboard.
I’ll remind you the situation. During the inspection aboard there were found 600 sacks of cannabis, total weight 18 tonnes.
It’s a clear thing, that the whole crew has been detained and presently the crew members’ relatives are attempting to call for our International Affairs Ministry as well as for everyone who is able to assist in rescuing of the Ukrainian seafarers from Spain.
As my practice shows, there is a chance to be released, but not everyone has it.
One more case came up to the end. The case in which the sum of compensation was increased considerably notwithstanding the unwillingness of the company to confess their guilt.
I wonder, if the company is not guilty, what for they should overpay in order to avoid the trial and the vessel arrest? A mistery.
In autumn 2016 a seafarer applied for legal aid in receiving a compensation due to injury happened aboard M/V MSC Luna F.
The injury appeared to be so serious, that the seafarer had been treating for a pretty long time, and after 8 months only after the treatment he was issued the 3d invalidity group.
All my practice long I have heard dozens of times stories from the seafarers about their relatives who have graduated from law faculties or have been involved in public prosecution office, stories about their being the same lawyers as the others and therefore they are capable to provide the same efficient assistance.
But in fact, the reality was quite different and the seafarers remained without both compensation and any chance to getting it. Why so? All of them are supposed to be equal lawyers.
Another case has been closed. But, frankly speaking, the case is with a slight bittering taste, because the seafarer has agreed to accept just 48 000$ as a compensation due to injury aboard MV AM LARAFALE (IMO 9173226).
The situation as for the injury is standard: falling down from the height and as a result very hard 2 legs fracture. The consequence of injury is gruesome. For a long time the seafarer has been on the sick leave trying to recover, but unfortunately further work is prohibited to him.
Extremely rare I write about the crewing and almost never take part in the ” warfairs” against the employment mediators, but I’m noticing an unwelcome tendency.
Almost at each conference the crewing companies’ heads extremely passionately try to prove that they always stand on the seafarer’s side, and if the seafarer has been abused, crewing is the first to help and stretch the assisting hand.
That’s why I would particularly like to dwell on this very brotherly help and stretched hand.