I’m very often asked how it is possible to increase the compensation sum and break through the sum frames predisposed under the contract. The answer is pretty easy: you can’t follow only one and the same way in solving the problems of the seafarer.
Before taking up the case, I always thoroughly study all its circumstances, and especially the compensation issue. After thorough study of the case the seafarer is offered several variants of solution for his problem. And it’s up to client to decide which way to pick up.
Why several variants? The seafarer should have alternative, and the compensation sum will depend on this decision.
Very often I have come and still come across the contracts under which the compensation sum for the death of the seafarer is equal to $20 000 or $30 000. I consider such compensation to be utterly small, therefore the family is suggested various variants of the increasing the sum of compensation.
Here is what the attention should be paid first of all
- The flag of the vessel. As a rule, the legislation of the flag country allows the family of the seafarer to count not only on the receiving of compensation but also on a definite sum for the pain and suffering for the damage inflicted. Moreover, there are cases when not only NEXT OF KIN can account for compensation, but all the relatives of the dead seafarer.
Besides, it’s extremely important to realise, that the employment contract should be without prejudice to the national legislation and shouldn’t decrease the amount of the social benefits.
- The circumstances of the accident. First of all it’s extremely important to determine the guilt of the company. It the guilt of the company is provable, it can considerably influence on the amount of payment.
- The age of the dead seafarer and his family status. As I have already written in my previous articles, as a rule it’s possible to count the sum of compensation beforehands judging by the age of the seafarer, his family members and by defining of the distinct circle of people pretending to the compensation.
Therefore, having obtained the full information I can suggest several variants of the solution of the compensation issue, as well as its amount. However the amount of compensation depends only on the choice the client makes.
That’s why in no way you should be upset because of the minimum sum of payment stipulated in the contract. There is always an alternative to increase this sum in several times.