By Arnav Sharma
Although the maritime sector is vital to world trade and the economy, seafarers who operate ships to meet the international demand for trade, face serious hazards. The risks they face may include accidents resulting in injury or fatalities, dangerous situations, and other workplace dangers. International and national laws have evolved various mechanisms to ensure that seafarers and their families receive adequate compensation in the event of death or injury, in recognition of the risks they face. This article attempts to analyze these provisions, outlining the legal frameworks, compensation structures and issues encountered in their implementation, with special reference to Indian laws and statutes.
Legal relief for compensation to seafarers
Conventions around the world
- Maritime Labour Convention (MLC), 2006- The MLC, also known as the “Seafarers’ bill of Rights,” affords seafarers significant protection and benefits in the workplace. It obliges shipowners to provide adequate financial security to cover compensation for long-term disability and death resulting from an occupational injury, illnesses or hazard.
- International Labour Organization (ILO) Conventions- Guidelines for compensation and medical care for seafarers are also provided by a number of ILO conventions, including ILO Convention 130 (Medical Care and Sickness Benefits) and ILO Convention 55 (Seafarers’ compensation for loss of or damage to personal effects).
National laws
Different nations have their unique laws that guarantee seafarers’ compensation. For example, the United States possesses the Jones Act, which permits sailors who get injured while on the job to sue their employers for negligence.
National laws in India
- Merchant Shipping Act, 1958- This act is a comprehensive statute that covers numerous elements of merchant shipping in India. It requires compensation for death or injury and contains safeguards for the welfare, health and safety of seafarers.
- Workmen’s Compensation Act, 1923- This statute offers compensation to employees, in the event of an injury or death resulting from and during the course of employment. This act covers seamen although it is not specifically tailored to them.
- Maritime Labour Convention (MLC), 2006 compliance- India ensures that Indian sailors receive the protection and compensation required by the convention by ratifying the MLC, 2006, and enacting its provisions into the national law.
Mechanism of compensation
1. Insurance
Shipowners usually must have insurance that pays compensation claims for death or injury. The protection and indemnity clubs are such Mutua insurance associations that can provide risk pooling along with claims management for maritime risks.
2. Direct Compensation by Employers
If a seafarer dies, their employers may be held directly liable for paying their families’ funeral expenses. In other cases if a sailor is hurt, employers may directly be liable to compensate for the injuries. This compensation covers any medical expenses, loss of earnings and even a lump sum payment to the seafarer’s dependents in case of death.
3. Government reserves and maritime welfare funds
Many countries, including India, maintain welfare funds for seafarers. These funds can be used to pay compensation in situations where the employer or the insurance mechanisms fail. In India, the Seafarers Welfare Fund Society (SWFS) is important in providing support and compensation to seafarers and their families.
Difficulties when claiming compensation
1. Issues regarding Jurisdiction
It might be difficult to decide which nation’s regulations to follow, particularly for sailors working on international voyages. Compensation claims may be complicated or delayed by jurisdictional problems.
2. Proof of Negligence
Seafarers are required to prove employer negligence in order to be compensated under some statutes, including the Jines Act in the United States. Proving employer negligence can be a difficult and lengthy process.Even though the Workmen’s Compensation Act in India does not require any proof of negligence, there may still be problems in establishing the connection between the employment and the injury or death.
3. Enforcement of Rights
Enforcement can be a problem even in countries with strong legal systems. Seafarers frequently encounter obstacles while trying to file claims and get legal assistance, particularly if they are from developing nations.
4. Delays in Payment
Compensation payments may be delayed because of judicial proceedings, disputed or inefficiencies in the system. This leaves the seafarers and their families in a difficult financial situation.
While seafarers frequently put their lives at risk, they form the very fabric of world trade and play a critical role in interdependence in international commerce. International and national legal frameworks have established measures for compensation when death and injury occur in order to compensate these risks. Sailors in India are guaranteed fair compensation by various statutes including the Merchant Shipping Act of 1958 and the Workmen’s Compensation Act of 1923 as well as compliance with the Maritime Labour convention of 2006.
Despite the extensive nature of these provisions, there are still obstacles in their implementation. Strong legal mechanisms along with effective enforcement and support systems are required to guarantee timely and fair compensation. Addressing these issues is essential to protect the rights and welfare of seafarers, acknowledging their vital contribution to the global economy.
—Arnav Sharma is a second year law student of OP Jindal Global University