Settlement claims with next of kin of missed seafarers
Service
at
sea
was
always
connected
with
risks
for
seafarer’s
life.
Thus
compensation
claims
always
a
significant
part
in
claims
handling.
The
most
difficult
claims
are
claims
due
to
missing
seafarers
at
sea
when
the
body
was
not
found
and
such
cases
entailed
a
great
stress
for
the
seafarer’
families
and
create
a
ground
for
various
interpretation
and
complications
in
the
claim
settlement.
Thus,
Shipowners
should
be
mindful
of
potential
risks
and
specific
of
settlement
the
claims
with
missed
seafarers
not
only
due
to
a
great
stress
for
the
seafarers’
families
but
also
due
to
authorities
involvement
which
create
a
settlement
much
more
complicated
.
Risks
of
criminal
proceedings
and
detention
the
vessel.
Fact
of
missing
of
seafarer
under
unknown
circumstances
onboard
creates
a
ground
for
commencement
the
criminal
proceeding,
irrespectively
of
the
crew
nationality,
flag
and
place
of
the
incident.
Moreover
if
some
evidence
will
be
found,
such
as
seafarer’
letters,
correspondence,
etc.,
in
which
seafarer
asked
for
signing
off
before
missing,
etc.
all
of
these
facts
entail
a
negative
scenario
and
may
adverse
Shipowners
significantly.
The
criminal
proceedings
may
be
initiated
by
the
next
of
kin
or
authorities
on
the
basis
of
statement
of
any
person
as
a
fact
of
commitment
the
criminal
offence.
Under
Criminal
Law
vessel
might
be
detained
as
an
evidence
for
the
investigation,
witnessing
the
crew,
search
onboard,
etc.
The
period
of
detention
is
not
limited
and
depends
on
the
investigator’s
decision.
After
commencement
the
criminal
case
investigator
is
entitled
to
inspect
the
vessel’s
premises,
goods,
ship’s
documents,
to
interrogate
the
crew,
to
carry
out
a
search
onboard,
make
copies
of
the
documents
(log
book,
engine
room
book,
witness
statement,
etc.).
Under
the
Criminal
Law
exists
measures
of
securing,
including
the
arrest
of
the
property,
i.e.
arrest
the
ship
and
imposing
the
ban
on
the
responsible
person
–
Master
to
move
the
vessel
till
the
completion
the
investigation.
Risks
of
civil
proceedings
against
Shipowners
and
arrest
the
vessel.
The
above-
mentioned
risks
at
criminal
proceedings
do
not
eliminate
the
risk
of
legal
actions
against
the
Shipowners
within
the
civil
proceedings.
Arrest
of
the
vessel
could
be
imposed
by
the
court
on
the
basis
of
various
Laws:
Maritime
Merchant
Code
of
Ukraine,
Civil
Code
of
Ukraine
and
International
Convention
on
Maritime
Liens
and
Mortgages
(1993).
Therefore
in
case
of
proceedings
there
are
risks
of
arrest
the
vessel
as
a
security
within
the
civil
proceedings.
Moreover
in
Ukraine
exists
a
legal
procedure
of
acknowledgement
as
a
dead
person.
Thus
person
may
be
acknowledged
as
a
dead
person
due
to
lack
of
any
information
on
his
location
within
three
years
at
the
place
of
his
permanent
residence.
Such
term
might
be
reduced
until
six
months
if
person
should
be
declared
as
missed
under
circumstances
that
threaten
his
life
or
provide
grounds
to
assume
his
death
as
result
of
accident
or
marine
peril.
The
vessel
will
be
considered
as
source
of
high
danger
therefore
term
in
6
month
will
be
applicable
to
commence
court
proceedings
for
acknowledgment
of
the
seafarer’s
death.
On
the
basis
of
mentioned
terms
person
(next
of
kin:
usually
widow
or
parents)
should
apply
to
the
local
court
at
the
place
of
seafarer’s
permanent
residence
to
acknowledge
seafarer
as
dead
person.
All
documents
related
to
the
seafarer’s
missing
(reports,
witness
statements,
etc.)
should
be
submitted
to
the
judge
in
due
course.
We
faced
with
situations
when
Shipowners
requested
to
settle
the
next
of
kin
claims
related
to
missed
seafarer
as
soon
as
possible,
i.e.
without
the
official
acknowledgement
of
seafarer
as
dead
person.
However
in
this
case
there
is
a
risk
of
extra
payment
due
to
additional
compensation
claims
against
Shipowners
from
the
side
of
other
family members.
•
Master
should
collect
all
necessary
evidences
concerning
o
the
circumstances
related
to
missing
seafarer
(issue
Master’s
report,
take
crew
witnessing
statements,
make
photos
of
missed
seafarer’s
accommodation
premises,
seafarer’s
cabin
should
be
sealed
in
closed
position
till
the
authorities
arrival
onboard
for
the
investigation,
to
provide
information
about
search
of
missed
seafarer
from
the
Coast
Guard
or
Marine
Administration of nearest port, prepare copies of all documents for the authorities).
•
To
start
communication
with
the
family
of
missed
seafarer
and
establish
a
good
working
contact
and
explain
that
Shipowners
undertake
all
necessary steps to find the missed seafarer and all competent authorities were informed and Shipowners cooperate with them
•
To
keep
seafarer’s
relatives
closely
informed
about
developments
in
missed
seafarer’s
search.
Do
not
ignore
other
seafarer’s
relatives
(parents, for instance) and maintain contact entire family
•
To
familiarize
the
seafarer’s
family
with
the
documents
related
to
fact
of
missing.
Refusal
from
providing
documents
entails
an
adverse
effect and allegations from the seafarer’s family
•
Prior
to
the
claim
settlement
of
the
loss
of
life
(death
in
service)
compensation
the
seafarer
should
be
officially
acknowledged
as
dead
person under Ukrainian Law by Ukrainian court and judgment should be enter into legal force
• To establish a rightful beneficiary of compensation in order to avoid a risk of additional claim from other seafarer’s family members
• All compensation payments should be performed on the basis of duly notarized Receipt&Release.
P&I Correspondents recommendations:
