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.