Personal injury, crew illness and death If a personal injury, crew illness or death occurs, the cover provided by the P&I insurers will be involved. The Company, the P&I insurer or their local correspondents should therefore be contacted. 3.11.

Personal injury, crew illness and death

Mariner

Personal injury, crew illness and death

If a personal injury, crew illness or death occurs, the cover provided by the P&I insurers will be involved. The Company, the P&I insurer or their local correspondents should therefore be contacted.

3.11.1 Personal injury

3.11.1.1 General

Personal injury is the most serious kind of incident as it affects people. Whilst structural damage can generally be repaired, injury to a person cannot always be compensated by money. To minimise the consequences of personal injury claims the following actions should be taken and evidence collected.

3.11.1.2 Action to be taken A. Emergency Contingency Plan

The vessel’s Emergency Contingency Plan or the procedures under the vessel’s SMS should be referred to immediately.

B. Further actions to be taken

  • Ensure that the best qualified and most experienced person on board provides medical care to the injured person
  • if there is risk of internal injury, do not move the injured person until an experienced medical person is present
  • seek medical advice over the vessel’s radio and through other means of communication
  • the Master should consider deviating for medical assistance if close to the coast
  • if in port or at anchor, call an ambulance and/or the local correspondent
  • consider landing the injured person ashore
  • the Company, the P&I insurer and local correspondent must be informed if the Master decides to deviate
  • all radio messages exchanged should be recorded.
  • record and pack all personal effects of the injured crew member, preferably in the presence of two officers, and deliver them to the agent for forwarding to the hospital, together with a copy of the inventory list
  • request the correspondent to inform the injured person’s local consulate
  • consider substitution of the crew member.
  • Leave the area untouched until photographs and video have been taken as evidence
  • mark the photographs and videos with the date and time they were taken
  • if no cameras are available, make drawings and sketches depicting the location and position in which the person was found, together with any other matters which may be of importance
  • recordings of all radio messages exchanged.
  • name, gender and duties of the injured person
  • date and exact vessel’s time when the accident occurred, local and UTC (Co-ordinated Universal Time)
  • position/location of the vessel
  • prevailing weather conditions (keep any weather records)
  • any sudden movements of the vessel
  • light conditions at the time of the accident, e.g. daylight, darkness, artificial light
  • exact location on the vessel where the accident occurred
  • conditions of the surrounding area, e.g. dry, wet, slippery, icy
  • work or activity the injured person was engaged in
  • time the work or activity was commenced by the injured
  • STCW records of working and rest hours of injured
  • was the work authorised under the permit-to-work system
  • was protective gear worn at the time of the accident
  • names, ranks, duties and other details of any witnesses
  • details of the hospital or doctor who treated the injured person ashore
  • provide information on the general physical condition of the injured
  • medical treatment given and by whom
  • indications of fatigue
  • records of the resting and working hours of the injured person before the accident
  • indications of intoxication or drug abuse
  • detailed and complete eye witness statements should be taken immediately
  • the Master should make it clear to any witnesses that the purpose of the statements is to ascertain the cause of the accident so as to prevent further accidents rather than to apportion any blame.

If a crew member hospitalised ashore is unable to return to the vessel, the Master should take following actions

3.11.1.3 Evidence to be collected

Further evidence includes

3.11.2 Stevedore injury

The following additional steps should be taken when a stevedore suffers an injury whilst working on the vessel.

3.11.2.1 Action to be taken

  • The local correspondent must be informed immediately
  • the local authority and emergency services must be called immediately
  • the foreman or stevedore’s employer must be informed immediately.
  • Date and time the stevedore boarded the vessel and commenced work
  • any irregularity noted during the stevedore’s presence on board,
  • the activity in which the stevedore was engaged, e.g. loading, stowing, lashing
  • any action taken or support given by the stevedore’s fellow workers
  • address of the stevedore’s employer.

3.11.2.2 Evidence to be collected in addition to section 3.11.1 Personal

injury, above

e.g. unsafe working practices

3.11.3 Passenger injury

3.11.3.1 Actions to be taken

After consulting the Company or the P&I insurer and obtaining instructions, the tour operator (if relevant) should be informed.

3.11.3.2 Evidence to be collected in addition to section 3.11.1 Personal

injury, above

  • Date, vessel’s local time and UTC (Co-ordinated Universal Time) and port of embarkation of the injured passenger
  • date and port of scheduled disembarkation
  • personal details and home address of the injured passenger
  • cabin number of the injured passenger
  • personal details of persons accompanying the passenger
  • any other matter which may be of interest which was noted while the passenger was on board, e.g. excessive sporting activities or alcohol consumption
  • any action taken or support provided by other passengers after the accident
  • any activity in which the passenger was involved
  • did the injury occur during an excursion ashore (details of the scheduled excursion, means of transportation, names of accompanying shipboard personnel etc.)
  • did the injured passenger consult the vessel’s doctor at any point during the voyage
  • the vessel’s doctor’s records of any consultation
  • any support, medical or otherwise, provided to the passenger after the accident
  • details of persons providing such support.
3.11.4 Illness

In the event of illness, a claim could follow for negligence by the person having fallen ill, irrespective of whether a crew member or passenger is involved. The following actions should, therefore, be taken and evidence collected.

3.11.4.1 Actions to be taken

  • Ensure that the best qualified and most experienced person on board provides medical care to the sick individual
  • seek medical advice over the vessel’s radio and through other means of communication
  • the Master should consider deviating for medical assistance if close to the coast
  • if in port or at anchor, call an ambulance and/or the local correspondents
  • consider landing the sick person ashore
  • the Company, the P&I insurer and the correspondent must be informed if the Master decides to deviate
  • all radio messages exchanged should be recorded
  • if a sick crew member is landed ashore and has to be left behind, record and pack all personal effects of the crew member, preferably in the presence of two officers, and deliver them to the agent for forwarding to the hospital, together with a copy of the inventory list
  • request the local correspondents to inform the sick person’s local consulate
  • consider compliance with relevant manning regulations and a possible need for substitution of the crew member.
  • name, gender and duties of the person having fallen ill
  • date and exact vessel’s time when the illness was first reported and by whom
  • position/location of the vessel
  • prevailing weather conditions (keep any weather records)
  • any sudden movements of the vessel
  • work or activity the person was engaged in prior to falling ill
  • time the work or activity was commenced by the person falling ill
  • was the work authorised under the permit-to-work system
  • names, ranks, duties and other details of any witnesses
  • details of the hospital or doctor who treated the sick person ashore
  • information about the general physical condition of the sick person
  • medical treatment given prior to and after the person fell ill and by whom
  • indications of fatigue, intoxication or drug abuse
  • record of the working hours of the person before falling ill.

3.11.4.2 Evidence to be collected

In addition to regulations requiring entries to be made in the vessel’s medical log when somebody falls ill, including details of the medication provided, the following further evidence should be collected

3.11.5 death

If a person dies on a vessel there is not normally a doctor on board able to immediately examine the deceased and determine the probable cause of death. Should the circumstances indicate death by accident or other unnatural causes, a post-mortem examination will almost certainly be required once the body is landed ashore and investigations will be carried out by the local/national police authorities.

3.11.5.1 Actions to be taken A. Emergency Contingency Plan

In all instances of death on board, the Master should make immediate reference to the vessel’s Emergency Contingency Plan.

B. Further actions to be taken

  • The Master should always consider seeking medical advice over the vessel’s radio or other means of communication to ascertain how to establish with certainty that the person is dead
  • the Master should seek instructions how to preserve the corpse – if such instructions are not part of the procedures under the vessel’s SMS
  • if the deceased is to be carried to the next port, the body should be kept cool in an empty reefer compartment
  • if preservation is not possible for whatever reasons, the Master should seek further instructions from the Company and the P&I insurer regarding
    • the Company, the P&I insurer and the correspondent must be informed if the Master decides to deviate, enabling them to assist and inform the relevant authorities as required by the laws of the relevant country
    • if a burial at sea is permitted, the Master should seek advice from the P&I insurers or local correspondent concerning any religious requirements
    • if in port or at anchor, call a doctor and/or the local correspondents immediately, enabling them to assist and inform the authorities as required by the laws of that particular country
    • all medical radio messages exchanged prior to the death should be recorded
    • the Company should be contacted requesting that the next of kin be informed
    • all personal effects of the deceased should be recorded and packed, preferably in the presence of two officers, and delivered to the agent to be sent to the Company together with a copy of the inventory list, for forwarding to the next-of-kin
    • the correspondents should be requested to inform the deceased’s local consulate
    • replacement of the crew member should be considered.
    • Take photographs and video of the place where the deceased was found
    • mark photographs and video with the time and date
    • if no cameras are available, make drawings and sketches depicting the location/position in which the deceased was found as well as other matters of importance
    • evidence such as wires, shackles and tools which may have caused the death should be collected as evidence, marked, labelled and retained in a safe place. These items should not be tampered with or disposed of.
    • name, gender and duties of the deceased
    • date and exact vessel’s time the death occurred
    • position/location of the vessel
    • prevailing weather conditions (keep any weather records)
    • any sudden movements of the vessel
    • light conditions, e.g. daylight, darkness, artificial light
    • exact location where the deceased was found
    • conditions of surrounding area, e.g. dry, wet, slippery, icy
    • work or activity the deceased was engaged in
    • time the work or activity was commenced by the deceased
    • STCW records of working and rest hours of the deceased if a crew member
    • was the work authorised under the permit-to-work system
    • was protective gear worn at the time of death
    • names, ranks, duties and other details of any witnesses
    • details must be recorded of the hospital or doctor who attended the deceased ashore
    • information about the general physical condition of the deceased
    • medical treatment given to the deceased before death and by whom
    • indications of fatigue
    • record of the working hours of the deceased before death
    • indications of intoxication or drug abuse
    • detailed and complete eye witness statements should be taken immediately
    • the Master should make it clear to any witnesses that the purpose of the statements is to ascertain the cause of death so as to prevent further deaths rather than to apportion any blame.

– deviating to land the body ashore if close to the coast, or – burial at sea

3.11.5.2 Evidence to be collected

Further evidence includes

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