The questions concerning the
amount of compensation and its possible increasing are rather often asked. And
is it possible to get a million? Of course it goes about a million USD or euro.
As far as I remember, none of the Ukrainian seafarers has ever collected from either the ship owner or the insurance company a sum around a million USD or euro as compensation for injury or a death aboard the vessel.
Thought, in my practice as
well as in my colleagues’ from Ukraine practice, there were compensations
around 700-800 thousand.
I have described before about
the circumstances which can influence the payment and, unfortunately, it’s
rather problematic to account to a huge payment from the company which
possesses one or two volgo-balts.
It’s clear, that it can go
only about major companies, possessing a huge fleet, and only in the case of
the ‘star parade’.
To believe in possibility that
every case may be brought to a million is rather silly. Were everything so
easy, almost every second would have got such a sum, but no chance. The cases
of huge compensations are very rare and singular.
The conditions and factors
under which the compensation due to injury or death may be increased:
1. Major ship owner
2. Reliable insurance company
3. A ‘favourable’flag aboard
4. The vessel enters the
harbours favourable to arrest
5. Undisputable guilt of the
company in the accident
To my mind, these very 5
factors may influence on the payment of a huge compensation. That is all five of them should be united.
As you can realize it
yourself, this can happen rather rare. Rare but not never. And such cases took
place in both my and my colleagues’ practices.
And here we came to the answer
to the burning question: if it’s possible to get a million?
In theory – yes, but speaking
about this very moment, I personally don’t know about such cases, when a
Ukrainian seafarer could win by court such a sum. However, there are just
several examples when the achieved sum was really close to it.
I hope very much that either I
or my colleagues will manage to break through this barrier.