PERSONAL INJURY AND ILLNESS

Transcription

1 PERSONAL INJURY AND ILLNESS

2 INTRODUCTION Risks covered: Injuries Illness Associated costs Collisions Non contact damage Contracts & indemnities Loss prevention 2

3 PEOPLE People Claims Value People Pollution 11% Other 7% Non P&I 1% People 19% 19% Admiralty 28% Cargo 34% 3

4 PEOPLE Seamen Rule 19(1) 4

5 PEOPLE People Claims Value Third Party 10% Stowaway 3% Others 2% Passenger 1% Crew Injury 47% Crew Illness 37% Crew 84% 5

6 PEOPLE Caught in machinery Burns and explosion Strain Slips and falls Struck by falling object Passenger casualty Tool injury Chemical exposure Claims by Type of Injury % 6

7 SEAMEN Rule 19(1)(a) Liabilities to pay damages or compensation Death Personal injury Illness 7

8 SEAMEN Rule 19(1)(a) Liabilities to pay damage or compensation Medical Funeral Other expenses 8

9 SEAMEN Rule 19(1)(b) Liabilities to pay damages or compensation Loss of personal effects Damage to personal effects 9

10 SEAMEN Rule (19)(1)(c) Statutory Liabilities To pay compensation resulting from: Actual or constructive total loss of ship 10

11 SEAMEN Rule19(1)(d) Repatriation and substitution expenses Necessarily incurred as a consequence of: Death Personal injury Illness Desertion 11

12 Seamen SEAMEN Rule 19(1)(d) Managers discretion to extend cover except where: (i) Expiry of seaman s contract (ii) Sale of entered vessel 12

13 SEAMEN Rule 19(1)(e) Liabilities for repatriation arising under Regulation 2.5 of the Maritime Labour Convention 2006 ( MLC 2006 ) ALWAYS SUBJECT TO: Rule 20(2)(C) The Member shall be liable to reimburse the Association in full any MLC 2006 liability unless recoverable under Rule 19(1)(d) 13

14 SEAMEN Rule 19(1)(e) Crew contracts To be approved by managers in writing 14

15 SEAMEN Compensation payable Contract of Employment Statute Negligence based liability 15

16 MARITIME LABOUR CONVENTION (MLC) 2006 Adopted by the ILO in February 2006 Came into effect 20 th August 2013 It provides comprehensive rights and protection at work for seafarers. The fourth pillar of maritime regulation along with; SOLAS (Safety of Life at Sea) MARPOL (Prevention of Pollution) STCW (Seafarers Training, Certification & Watchkeeping) 16

17 MARITIME LABOUR CONVENTION (MLC) 2006 The MLC relies on implementation by countries through their national laws, and sets out minimum standards that must be implemented by shipowners. The MLC should be integrated into ISM systems, and ships will be subject to compliance inspections, investigations carried out by flag or port states in response to crew complaints and possible detention pending correction of deficiencies. 17

18 SEAMEN Industrial diseases Vibration White Finger Asbestosis Industrial Deafness 18

19 PEME PRE-EMPLOYMENT MEDICAL Pre-Employment Medicals prevention/publications-and-guides/pre- Employment-Medicals.php 19

20 PEME PRE-EMPLOYMENT MEDICAL Where? PHILIPPINES: Manila -4 clinics Cebu -2 clinics (satellite clinics to 2 in Manila) UKRAINE: Odessa -3 clinics peme@nepia.com 20

21 CONSULTANTS: Your Excellent Health Service Dr Charlie Easmon (Based in the UK assistance on both programmes) Dr Glennda Canlas Area Consultant, Manila/Cebu Del Rosario & Del Rosario Legal Advisors, Philippines Dias Advisors and interpreters, Odessa 21

22 SUPERNUMERARIES Supernumeraries Rule 19(2) 22

23 SUPERNUMERARIES People Claims Value Third Party 10% Stowaway 3% Others 2% Passenger 1% Crew Injury 47% Crew Illness 37% Supernumeraries <1% 23

24 SUPERNUMERARIES Supernumeraries are persons who sail with the vessel in either a professional or personal capacity Liabilities costs and expenses as if such persons were seamen 24

25 SUPERNUMERARIES Compensation payable Statute Common Law No Crew Contract of Employment 25

26 PASSENGERS Passengers Rule 19(3) 26

27 PASSENGERS People Claims Value Third Party 10% Stowaway 3% Others 2% Passenger 1% Crew Injury 47% Crew Illness 37% Passengers 1% 27

28 PASSENGERS Liabilities to pay damages or compensation for: Death Personal injury Illness 28 28

29 PASSENGERS Liabilities to pay damages or compensation for: Loss or damage to personal effects No cover for valuables 29 29

30 PASSENGERS Liabilities to pay compensation arising from casualty of the ship Including: cost of forwarding passengers to destination or port of boarding maintenance ashore 30 30

31 PASSENGERS Exceptions No Cover -arising from air travel (to ship or from ship) No Cover - whilst ashore on excursion Passenger ticket to limit liability to maximum permitted Such as Athens Convention

32 PASSENGERS Athens Convention 1974 Limits of liability : Personal Injury / Death 46,666 SDR Luggage 833 SDR Passenger Vehicles 3,333 SDR 32 32

33 PASSENGERS Changes to Athens Convention from April 2014 Limits of liability Opt out clause Compulsory insurance Direct action against insurers 33 33

34 THIRD PARTIES Third Parties Rule 19(4) 34

35 THIRD PARTIES People Claims Value Third Party 10% Stowaway 3% Others 2% Passenger 1% Crew Injury 47% Crew Illness 37% Third Parties 10% 35

36 THIRD PARTIES Liabilities to pay damages or compensation Death Personal injury Illness 36

37 THIRD PARTIES Cover limited to and liabilities arising out of Negligent act or omission on board or in relation to an entered ship or her cargo 37

38 COLLISIONS / NON CONTACT DAMAGE TO SHIPS RULE 19(10)(B)(IV) / 19(11)(B)(V)

39 COLLISIONS Colliding ships may be jointly and severally liable for any death or personal injury caused by the collision Claims from persons on board the other vessel may be directed against the Member s own vessel 39

40 NON CONTACT DAMAGE TO SHIPS RULE 19(11)(B)(V)

41 NON-CONTACT DAMAGE Claims from persons on another vessel or ashore may be directed against the Member s own vessel 41

42 CONTRACTS, INDEMNITIES & GUARANTEES RULE 19(16)

43 CONTRACTS & INDEMNITIES May be indemnity clause in contracts with towage contractors, stevedores, crane operators, and pilots. Shipowner liable regardless of fault Member is likely to assume additional liabilities Indemnity or guarantee must first be approved by the Managers Member may have to pay an additional premium 43

44 LOSS PREVENTION Loss Prevention 44

45 LOSS PREVENTION Burden of proof It is the responsibility of the claimant to prove that the incident causing the claim occurred whilst on board ship and as a result of the shipowners negligence. However, courts are often sympathetic to an individual claiming against a large corporation, therefore it usually falls to the shipowner to show they were not negligent in their duty of care. 45

46 LOSS PREVENTION Discharging burden of proof An accident report form should always be completed Full particulars of everyone involved should be taken All individuals involved should be interviewed A senior officer should examine the area where the accident occurred, and any equipment or clothing involved 46

47 LOSS PREVENTION Discharging burden of proof Observations should be made in respect of general conditions at the time of the incident e.g. weather, time of day Wherever possible photographs, videos or even sketches should be used Records should include observations made regarding any possible contributory negligence 47

48 LOSS PREVENTION ISM Code Objectives to ensure Safety at sea Prevention of human injury or loss of life Avoidance of damage to the environment and property 48

49 LOSS PREVENTION Safety Management System (SMS) Requirements A safety and environmental protection policy Procedures to ensure safe operation of ships and protection of the environment Defined levels of authority and lines of communication between and amongst shore and shipboard personnel 49

50 LOSS PREVENTION Safety Management System (SMS) Requirements Procedures for reporting accidents and nonconformities Procedures to prepare for, and respond to, emergency situations Procedures for internal audits and management reviews 50

51 LOSS PREVENTION Role of P&I Club At the time of the incident Post investigation Loss prevention 51

52 LOSS PREVENTION Role of Company Qualified and competent crew Understanding safety culture Company shipboard operating procedures Training standards 52

53 SUMMARY Risks covered: Injuries Illness Associated costs Collisions Non contact damage Contracts & indemnities Loss prevention 53 53

54 THANK YOU