Newsfront – Greek Shipping Intelligence Vol. 15 / No. 35 – Manolis Eglezos & Associates
Labour accident – Tort on shipowner
A master had a dispute with the chief engineer and he punched the latter who was badly injured and
died due to his injury.
The master was found to have penal liability as a result of his behaviour. However, the shipowner
was not, given death did not occur in the context of the work of the chief engineer but was due to personal
issues and dispute.
Regardless of this, the occurrence still constitutes a labour accident and the deceased heirs were
found eligible under law 551/15 to remuneration. Such remuneration was shared as follows: 2/5 for the
widow and 3/5 for the only child of the deceased. Measure of the remuneration is five years salary calculated
on the basis of the income of the last 12 months.
Such remuneration is due to be paid by the shipowner regardless of the latter’s liability: possible
compromise may not fall below 85% of the claim.
Piraeus Court of Appeal Judgment no 1115/2013, President: P. Tsandekidou, Rapporteur Judge: L.
Morfis, Attorneys at law: Ev. Apostolidou, K. Tassiopoulos, Maritime Law Review vol. 42, p. 13.
NOTE: Law 551/15 on remuneration does not presuppose liability of the shipowner. It creates “objective”
liability. In case the accident had penal aspects related to the work (eg failure to observe safety
regulations), the shipowner could have penal consequences as well, having appointed the individuals
committing the tort. In such a case, the heirs could also claim for tort remuneration, which is not subject
to the limits of law 551/15.