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Severe personal injuries may occur on board leading a seafarer mentally incapacitated eventually. It is common that a personal injury claim is filed against shipowners for compensation. Under most jurisdictions, the settlement should be approved by a court.

Recently, there is a vessel registered in Hong Kong which a crew had suffered injury and finally in mentally incapacitated. When the settlement offer came before the Hong Kong court, it was rejected on the basis that the ship owner had failed to provide for alternative accommodation costs in its settlement offer. The settlement terms were re-negotiated with additional time and expenses incurred unavoidably.

See attached file: Hong Kong: Personal injury settlements for mentally incapacitated seafarers.pdf

 

香港:精神上无行为能力船员的人身伤害赔偿

船上发生的一些严重人身伤害很可能最终导致船员精神上无行为能力。因此向船东提出人身伤害索赔的案件非常常见。在大多数司法管辖区内,会由法院判定赔偿方案。

最近,一艘香港旗船上的船员因受伤而最终导致精神上无行为能力。由于船东在赔偿方案中没有涉及船员住宿费用,方案递交至法院后,被法院拒绝。船东不得不重新商议赔偿方案,额外产生时间和费用自然是不可避免。

详细信息请参阅附件。