Labour accident – fault of master
A seafarer was injured during a fire alarm test. The accident was blamed on the lack of vigilance of the master, who was supervising the test, and who should have prevented the seafarer from assuming the action that led to his injury. The seafarer sued for damages.
Greek law provides that when no fault of the employer exists, a fixed remuneration is given. On the other hand, in case of a breach of safety regulations by the employer, tort remuneration can be sought. The actions of the master, who is a servant of the shipowner, bind the shipowner and possible liability accrues for the latter.
Mere lack of due diligence does not amount to breach of safety regulations. So, in the case under examination, the labour accident discussed would be remunerated through the fixed amounts provided under law 551/15, and not through tort remuneration. This is because the master, who failed to properly supervise the test, did not breach a specific safety regulation.
However, given fault on the part of the master was proved, although it did not give rise to tort remuneration, it did lead to moral damages adjudication. So the seafarer was found eligible to receive both the fixed compensation and moral damages.
One membered Piraeus Court of Appeal Judgment no 407/ 2013, Judge: G. Kokkotis, Attorneys at law: K. Protopappa, G. Trantalidis, Maritime law Review vol. 41, p. 287.
NOTE: In this interesting case, non breach of safety regulations did not allow tort damages. However, fault on the employer existed, although not in the form of breach of labour security rules, and this allowed moral damages to be awarded, in parallel with law 551/15 fixed remuneration. The case illustrates that even where no breach of safety rules exists, it is possible to have remuneration for moral damages.