Just a very short while ago there were signed the documents by the seafarer concerning the declining all his claims from the company in exchange to the compensation in amount of 45 000$.
It was a sort of cases I refer to the category of no-win, which is impossible to be won without the help of the professional marine lawyers.
The plot of the case is the following: a Ukrainian seafarer was signed off from the vessel Braveheart due to his health condition, and on his arrival to Ukraine he was stated the diagnosis: diabetes.
The company paid the treatment for several months and after that refused in compensation motivating that the disease cannot be referred to industrial injury and therefore is not liable to compensation.
Unlike the company we had the other opinion, and having studied the whole history of disease of the seafarer, and also having read practically all about the diabetes, came to the conclusion that the industrial factor was the reason of the diabetes.
Unfortunately it’s easier for the employer to refuse the seafarer in compensation rather than figure out the matter in details. But this if what are the marine lawyers for, who are able to study the case and protect the seafarer’s rights.
After our placing of the claim towards the company, the ship owner made up his mind to examine the seafarer by their own doctors for detecting the cause- effect relationship between the disease and industrial factor, as well as the ability of the seafarer to be employed further on.
It’s not a secret, that I am rather skeptical to the company doctors’ conclusions, because as a rule they always make it in the interest of the company. But to my great surprise the company doctor practically confirmed our statement and indicated to the evident relationship between the disease and industrial factor.
It should also be reminded that before going to the sea the seafarer was proved fit to service and no declining by diabetes all his life long was observed.
And after this very conclusion we embarked into the prolonged period of negotiating concerning the settlement of our argument. We were eager to do our best for the seafarer meanwhile the company wanted to pay as little as possible.
As a result was the compromise between the seafarer and the company, which satisfied the both parties. The seafarer has received 45 000$ and the company got rid of the irritating lawyers which we were.
I’d like to make a conclusion. Not every case can be closed in the seafarer’s favor, however if there is the slightest opportunity, we do our best to use it and stand out the seafarer’s rights.
Another case is closed.