If the seafarer was injured aboard the vessel, he should be ready to the situation when the ship owner appears to be his friend on words only.
The main reason for the seafarers to refuse in hiring the marine lawyer is the wish of the seafarer himself to pursue working for the same ship owner, as he receives further job security from him. Besides the ship owner ensures the employment notwithstanding the grave nature of the injury and its consequences. He takes care and worries during the whole period of the seafarer’s treatment and never stops talking about his willingness to recruit him again as soon as he is ready.
This is where the catch is hidden. Especially if we talk about the rank and file, taking into account that the market is overcrowded.
As the practice proves it there is nothing beyond these promises. Persuasions and agreements are being used to make the seafarer to pass examination in health and submit the results to the company commission with the mark FIT FOR. And the seafarer longing to go to the sea is ready even to buy it.
But in fact, even after the successful commission results it takes a seafarer pretty long time to be finally recruited.
Why do the seafarers act like this?
The answer is simple: unwillingness to pay the compensation to the injured seafarer.
Why did I decide to write this article? Because currently I’m conducting several seafarers’ cases due to which the company is attempting to persuade my clients to go to the sea and pay for the medical examination notwithstanding their being issued the invalidity group and according to all the evidence, further work in the sea is prohibited to them.
The company uses persuasions, threats, calls to conscious, accuses the marine lawyers (i.e. myself) in incompetence and a lot of other.
For my long practice I have faced a lot of examples when the seafarers trusted the company and were left with nothing as a result.
2005, the seaman – sailor gets the hand injury, as a result of which he undergoes the 3 phalanges amputation on the right hand and complete amputation of a thumb. It’s a conclusive prohibition to work in the sea. The ship owner persuades the seaman to pass the examination in health and even recruits him. In 14 days signs him off due to inability to perform his duties and refuses to work on with this seaman. The seaman was refused in compensation. The reason is – he submitted the documents marked “Fit For”.
P.S. nevertheless the compensation was paid after his applying to us, but it was more compromised sum rather than full compensation.
2006, the seafarer gets a very hard fracture of the base of the scull. He was persuaded to buy a medical commission. After producing of the medical commission and signing all the documents concerning withdrawal of his claims, he was refused in further employment. The seafarer got the second invalidity group.
2007, the spine fracture. The seafarer signs the documents on his withdrawal of any claims towards the company, although he was sure that he was signing the sick leave payment papers.
I have dozens of such examples.
Besides, there is one more type of cheating by the ship owners – it’s a promise to recruit a seafarer with the further payment of the sick leave during the following voyage.
However once the seafarer has passed or bought the medical commission – there is no saying about the sick leave and all other expenses coverage.
You cannot believe any words or promises if they are not approved by the documents. Besides I have always called for, and do it now, the observing of the contract obligations by the seafarers. It’s IMPORTANT to know that notwithstanding any promises, the company is obliged to cover ALL THE EXPENCES concerning the treatment and sick leave, as well as the compensation if the injury was hard.
If on the primary stage the promises of further employment are being given, look forward to a trick and go straight for help or at least consultation to the marine lawyers. Otherwise you are at a risk of being cheated on by the ship owners.