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$170 000 for the hand injury

One more case was resulted in compensation for the seafarer. It’s a joy, that the sum of compensation has been calculated not according to the employment contract, but in accordance with the flag country legislation.

The Ukrainian seafarer has injured his hand heavily when being aboard the vessel MOL EMPIRE, and as a consequence he has lost several fingers. I will not describe all the medical aspects, but dwell upon some legislative moments.

Having on hands the contract of employment, we didn’t see any numbers and as it frequently happens in such contracts there are lots of references to some unknown norms. It’s natural, that for an average seafarer it’s extremely hard to figure out in the specifics of the contractual conditions, as when being signed, the only thing usually taken into account is the sum of the salary.

Taking into account that the vessel sailed under the Hongkongese flag, it was decided to calculate the compensation in accordance with the national legislation of the flag country, which has become a great surprise for both the ship owner and the insurance company.

As a result, long negotiations on the sum of compensation and the seafarer’s decision to accept the compensation in the amount of $170 000 in exchange for the declining of all the further claims.

I consider it to be a fair compensation for the amputation of several fingers on the hand. Up to the moment, all the documents have been signed. The seafarer expects money to his account.

The conclusions: the case should always be handled with wisely, and if there is chance to increase the compensation sum for the client, we always do it.

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