Seafarers’ Disability: Legal Protection, Compensation, and Entitlements

Seafarers’ Disability: Legal Protection, Compensation, and Entitlements

Working at sea involves physical and psychological risks — long voyages, isolation from shore, exposure to severe weather, and limited access to medical facilities. For this reason, the issue of seafarers’ disability and the associated compensation rights is one of the most important aspects of international maritime labor law.

1. Definition and Types of Disability

In maritime employment, disability refers to a condition in which a seafarer is temporarily or permanently unable to perform his or her duties due to illness, injury, or loss of functional capacity.Under the Maritime Labour Convention (MLC 2006) and related national laws, disability is classified into several categories:

1. Temporary Disability — a short-term condition preventing the seafarer from performing duties, but with an expectation of full recovery.

2. Partial Permanent Disability — a lasting reduction in work capacity; the seafarer can perform some duties but is no longer fully fit for sea service.

3. Total Permanent Disability — a complete and irreversible inability to perform any seagoing work, confirmed by a medical commission.

Each type involves different entitlements, compensation amounts, and payment durations.

2. Legal Framework

The right of seafarers to medical and financial protection in case of disability is enshrined in several key instruments:

• MLC 2006 – Regulation 4.2 (“Shipowners’ Liability”), requiring employers to bear the cost of medical care and compensate for disability.

• ILO Convention No. 55 (Seafarers’ Sickness Insurance) and Convention No. 164 (Health Protection and Medical Care for Seafarers), which detail coverage and payment procedures.

• STCW Convention (Standards of Training, Certification and Watchkeeping for Seafarers), which defines medical fitness standards and the criteria for returning to duty.

3. Shipowners’ Obligations

Under international and national regulations, shipowners must:

1. Provide immediate medical care to any seafarer who falls ill or is injured on board, including evacuation and hospitalization.

2. Cover all medical expenses until the seafarer recovers or is declared permanently unfit.

3. Continue salary payments (“sick pay”) during the certified period of illness.

4. Pay compensation in the event of permanent or partial disability.

5. Repatriate the seafarer safely and at the company’s expense.

These responsibilities continue until either full recovery or an official medical declaration of permanent disability.

4. Financial Protection and Compensation Types

Compensation depends on the nature and degree of disability, as defined in the seafarer’s Collective Bargaining Agreement (CBA) and insurance policy.

Temporary Disability

The seafarer receives Sick Pay, usually equal to the basic wage for a specified period (commonly 120 days after repatriation). Payments may continue with valid medical certification.

Partial Permanent Disability

A lump-sum compensation is paid, based on the percentage of functional loss.
Typical reference scales:

• Loss of sight or hearing: 40–60% of insured value

• Loss of limb: 50–70%

• Loss of professional fitness but ability to perform shore work: 30–50%

Percentages are determined according to medical tables and insurance terms.

Total Permanent Disability

If the seafarer is declared permanently unfit for sea service, he is entitled to full insurance compensation, as per the CBA or national law.
Some employers or flag states also provide pension or long-term benefits through maritime welfare funds.

5. Medical Commission and Assessment Procedure

Disability status must be confirmed by an authorized medical board or an independent doctor recognized by the maritime authority.Procedure:

1. Initial medical report on board and entry in the ship’s log by the master.

2. Evacuation to the nearest port and referral to an approved clinic.

3. Medical evaluation and written diagnosis stating the degree of incapacity.

4. In case of disagreement between company and personal doctors, an independent medical expert is appointed.
   The expert’s decision is final and binding for both parties.

Many maritime administrations (e.g., Cyprus, Malta, the Philippines) maintain official “Fit / Unfit for Sea Service” certification systems.

6. Insurance and the Role of Trade Unions

All shipowners must maintain Protection & Indemnity (P&I) insurance, covering medical expenses, disability, and death benefits.Maritime unions, such as the International Transport Workers’ Federation (ITF), play a crucial role in enforcing fair compensation standards.
They negotiate CBAs that specify exact payment levels for:

• Temporary disability (sick pay)

• Permanent or partial disability

• Death and repatriation of remains

Union involvement ensures transparency and prevents underpayment or denial of benefits.

7. Common Disputes and Challenges

1. Causation of illness — Employers sometimes claim that a disease was pre-existing or unrelated to work at sea.

2. Duration of coverage — Disputes arise over whether the company remains liable for treatment after repatriation.

3. Differences between flag states — Compensation amounts can range widely (from USD 50,000 to 200,000) depending on flag, insurance, and union agreement.

4. Mental health cases — Recognition of depression or PTSD as valid grounds for disability is increasing but remains difficult to prove.

8. Practical Recommendations for Seafarers

• Report every illness or injury immediately to the master, ensuring proper entries in the medical logbook.

• Keep all medical reports, invoices, and receipts — they are essential for claims.

• Do not sign any waiver or settlement document without consulting a lawyer or your union.

• Contact your national maritime authority, ITF representative, or maritime lawyer if compensation is delayed or denied.

• Maintain copies of all medical assessments when changing employers — this helps prevent disputes about pre-existing conditions.

9. Conclusion

Seafarers’ disability is not merely a medical issue — it is a legal right protected by international law.
Under MLC 2006, shipowners must provide treatment, cover expenses, and compensate for loss of fitness for duty.In practice, enforcement depends on the transparency of employers, the strength of unions, and the awareness of seafarers themselves.
Proper documentation, legal literacy, and union support remain the best protection against unfair treatment.The guiding principle of MLC 2006 remains clear:

“Every seafarer has the right to medical care and fair compensation — regardless of flag, nationality, or voyage.”