Injured as a Seafarer?
Have you been injured as a Seafarer? Know your rights.
If you are injured as a seafarer your entitlement to compensation is governed by a commonwealth scheme set up under the Seafarers Rehabilitation and Compensation Act 1992.
This scheme provides compensation for time off work, medical expenses, rehabilitation, home services and attendant care for the duration of any incapacity to work up until retirement age.
If you return to work in a lesser paid job then you could be entitled to receive a top up of wages up to 100% depending on what hours you are working.
Generous no fault benefits are provided, however there are very limited and in most case no viable common law rights for you to sue a negligent party if you are injured at sea.
How to lodge your Seafarer’s Claim
The onus is on employers to manage claims under the Act. In practise they will be insured and there is a small handful of insurers which will manage seafarers’ claims.
Your claim must be lodged with the employer in the first instance. There is a standard claim form available on the Seacare website available here. The employer may have its own form and you should be guided by them as to how to lodge the claim.
Traditionally employers and insurers are not good at handling rehabilitation and long term claims and you should take advice from the Union or Turner Freeman Lawyers to assist with your claim.
If you no longer work for the employer where you were injured then you should take legal advice and contact Adam Tayler, Partner, on (07) 3025 9000.
Possible Lump Sum Claims
Where there are disputes in relation to claims for long-term injuries it is common for the insurers to attempt to negotiate a pay out of future expenses, which can result in a lump sum payment of compensation to you.
You must take legal advice if the insurer makes an offer to you to try and buy out your future expenses to ensure that you are getting paid the correct amount.
Turner Freeman can assist you every step of the way and you should contact Adam Tayler on (07) 3025 9000 for assistance and advice.
Important Time Limits
Injuries covered by the Seafarers’ Scheme must be notified to the employer as soon as reasonably practicable after they happen.
In practise you should follow the employer’s processes and complete incident or injury reports in the usual way. If you are going to incur expenses or lose wage as a result then a claim for compensation should be made as soon as reasonably practicable.
When a claim is lodged an employer is required to make a decision to accept or reject the claim within 12 days after the day on which the employer receives the claim.
If a decision is not made within that time the Act automatically deems that the claim has been disallowed. This triggers a 30 day period within which you must request a reconsideration of the deemed disallowance of the claim. If you do not request a reconsideration in that time you can lose your right to claim.
If the employer fails to make any decision when reconsidering the claim the claim is again deemed disallowed 60 days after the request for reconsideration is made. You must then appeal to the Administrative Appeals Tribunal within 60 days of the deemed disallowance.
You should contact Turner Freeman Lawyers for advice before lodging a claim or as soon as possible after making a claim on your employer.
Turner Freeman can assist you every step of the way and you should contact Adam Tayler on (07) 3025 9000 for assistance and advice.
Why choose Turner Freeman?
Union recommended
We are the appointed Union lawyers in Queensland for all personal injury claims.
No Win, No Fee
You will never be out of pocket. You do not have to pay unless we win your case. If we don’t win, you don’t have to pay us a cent.
Free case assessment
We will provide you with a free assessment of your potential claim. You are not obligated to retain us after your free case assessment.
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