News date: 18 May 2021
The team of Odesa office of Ilyashev & Partners Law Firm acted as legal advisor for a Greek vessel owner and one of the British P&I Club in the process of settling the claims of reimbursing the contract compensation in connection with loss of working ability, as well as of the moral damages, filed by a Ukrainian seafarer.
While on an assignment on the territory of the USA when employed on a foreign-flagged vessel, a Ukrainian seafarer felt himself unwell and was urgently admitted to a local hospital, which, however, did not prevent grave consequences for his health that the seafarer attributes directly to his work onboard of the vessel.
Subsequently, the seafarer’s representatives filed several lawsuits to the USA courts against the vessel (in rem) and against the vessel owner (in personam) at a time, as well as arrested the vessel at the local port.
In close cooperation with leading American law firms, attorneys of Ilyashev & Partners acted as legal advisors under Ukrainian law and supported the process of executing the appropriate settlement agreements.
The dispute was eventually resolved in an amicable way by signing with the seafarer the settlement agreement under the USA laws and further by retrieving from the seafarer of a notarial waiver of any claims under Ukrainian law.
As a matter of complete and final settlement of the entirety of claims, the seafarer received a reimbursement worth more than $700,000, which is the largest of known amounts of insurance indemnity, paid to Ukrainian nationals as a result of marine accidents.