Crew Illness Claims Handling
As
P&I
Correspondents,
we
are
representing
Shipowners
in
local
courts
in
illness
cases.
Needless
to
say
that
local
courts
are
quite
favorable
to
claimants
in
illness-related
claims.
Sometimes
they
have
a
pro-labor
approach
to
such
category
of
claims.
The
claimants
pass
allegations
that
their
health
problems
occur
due
to
hard
work
onboard
the
vessel
and
other
factors.
Moreover,
sometimes
we
faced
with
difficulties
in
the
collection
the
evidence
about
the
pre-employment
illness
of
seafarer
due
to
provisions
of
local
Law
concerning
to
confidentiality
of
information
about
a
person’s state of health.
Case study
In
a
recent
case,
a
seafarer
claimed
disability
compensation
due
to
tuberculosis,
stating
that
his
disability
occurred
during
his
employment
and
consequent
delay
in
his
repatriating
and
hospitalization.
The
lawyer
was
appointed
by
the
seafarer.
We
arranged
duly
apostilled
power
of
attorney
to
represent
Shipowners
in
court.
We
sent
our
attorney’s
inquiry
to
the
various
medical
facilities,
appointed
medical
experts
and
received
the
medical
documentation.
Despite
the
seafarer’s
clean
PEME
certificate
and
analysis
on
various
criteria,
it
was
proved
that
the
seafarer
had
pre-
employment
problems
prior
to
the
employment.
We
submitted
the
collected
valid
legal
evidence
(medical
certificates/reports/experts
conclusion)
that
proved
that
the
seafarer
had
a
pre-employment
illness
and
Shipowners
are
not
liable
for
any
delay
in
his
repatriation
and
considerable
deterioration
of
his
state
of
health.
We
asked
medical
advice
from
our
medical
consultants
from
PEME
accredited
clinics,
medical
experts
from
tuberculosis hospital and they confirmed that the seafarer had general illness not related to the performance of his professional duties onboard.
Result
In
the
court,
we
reached
an
amicable
agreement
on
a
reasonable
amount
(20,000
USD)
versus
the
original
claim
for
85,000
USD.
The
vessel
was not detained or arrested. Other auxiliary demands such as moral damage, legal costs, medical and rehabilitation costs, etc. were rejected.
P&I Correspondents recommendations:
• Appoint Legal P&I Correspondents with appropriate qualification and experience for handling illness claims.
•
Start
negotiations
with
the
seafarer’s
lawyer
immediately
and
request
true
and
valid
medical
documents
with
the
seafarer’s
disability
degree, current status and recovery prospects.
•
Collect
all
medical
documents
(reports,
certificates)
as
evidence
related
to
the
seafarer’s
state
of
health,
request
appointing
medical
examination preferably at Club’s PEME accredited clinic. All collected medical documents should be forwarded to Shipowners/Club without delay.
• Send a lawyer’s inquiry to the medical facilities concerning to the seafarer’s state of health and possible treatment before the employment.
• Keep permanent contact with the seafarer’s lawyer, doctors, medical experts, and P&I medical consultants.
• Repatriation of a deceased seaman: local regulation and documentary problems.
• Negotiate the amount of claim based on the seafarer’s medical documents available.
•
Arrange
to
sign
full
and
binding
Receipt
&
Release
at
Notary
Office
in
the
presence
of
Legal
P&I
Correspondents
and
the
seafarer’s
lawyer,
or
in
case
of
the
litigation
in
the
court,
sign
with
the
claimant’s
lawyer
settlement
agreement
in
the
courtroom
to
be
duly
approved
by
the
court
resolution.
•
All
compensation
payments
should
be
arranged
against
duly
signed
claim
settlement
documents
only
(R&R,
settlement
agreements
approved by court resolution).
