LEGAL OPINION – Labour Accident

In a labour accident, a seafarer was injured, with the injury resulting in the permanent full inability of the seafarer to work in the same profession. The seafarer was found eligible to receive remuneration for such a disability according to the law 551/1915, leading to six months salary in remuneration.

The seafarer was also found entitled to moral damages because of negligence of shipowner’s servants (officers) which contributed to the accident. He was not found eligible to full accident remuneration, because there was no violation of safety regulations. One membered Piraeus Court of Appeal Judgment no 459/2015, Judge: Z. Karachaliou, Attorneys at law: A. Rontiris, St. Lyras.

NOTE: Law 551/1915 affords a remuneration independent of fault of the shipowner. So, there is no need for the seafarer to prove anything against the owner. However, such remuneration is substantially lower than the one that could be awarded in case of the shipowner being at fault by breaching safety regulations. That is why seafarers attempt to sue under the breach of safety regulations approach, however they are not always successful, as this is not easy to prove.

The legal column was written by Manolis Eglezos, Attorney at law, Manolis Eglezos & Associates Law Firm, Attorneys at Law and Consultants