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Replies to the answers of compensations

Recently very frequently the questions are put about the compensation due to injury which occurred some years or some contracts ago.

Unfortunately only few are aware that even if the seafarer has been injured and afterwards employed, he doesn’t lose his right to be compensated.

The only peculiarity is the amount of compensation.

It’s clear matter, that there’s no saying about compensation due to the complete loss of workability, as passing the procedure of pre-employment itself is the evident fact that further performance of work is possible.

However we may speak about a partial loss of work ability.

As example, I can provide a case of mine when the seafarer was amputated two fingers. Despite the fact, the seafarer after having been treated for a short period of time, has passed medical examination and was employed with the other ship owner. He worked out his contract period and returned home. And only after that he decided to get consulted as for possibility of being received a compensation.

After my having taken up this matter, – the compensation had been paid, although accompanied by the astonishment from the side of the company and by the allegation that once the seafarer had passed pre employment and was acknowledged fit for duty, he may not be entitled to any compensation.

But still we succeeded in providing the company our righteousness and the compensation was paid although not a big one.

It’s important to keep in mind that the compensation can be received only when there is a persistent percent of loss of working capacity. It’s called persistent because it is not subjected to being changed lifelong.

Thus, to receive compensation when some time has passed after the injury or a contract, you need:

  1. To claim the company.
  2. To provide medical documents, proving the persistent loss of working capacity.
  3. If this document is not available, it’s necessary to oblige the company to proceed to an independent investigation by the doctors of the company on stating of a persistent percent of loss of working capacity.
  4. To submit the incident-report or any other evidences to the company.

However it’s important to know and understand that the percent of work capacity loss may also be temporary. It differs from persistent one by its ability to be decreased within the lifetime. In other words, we need the actual percent of work ability loss on the moment of the examination.

That’s why in the case of injury and further employment, the payment of compensation is possible only after stating of a persistent percent of the work ability loss.

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