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Posted By Grant Dixon
Hello all.
My best friend's father died recently because of an accident at work. He was the long standing engineering manager in the merchant navy who was at sea for up to eight months at a time.
He was using an angle grinder when the blade split at the centre, hit the floor and came up into his face before hitting the ceiling. He was not critical but required medical attention, however it was two days before he could be air-lifted to receive the required medical attention somewhere in the middle east.
Although the the attention he received went well, in recovery he suffered a stroke, suffered brain damage and died. My friend and his family seem to be facing resistance from solicitors and feel that because of the financial issue the truth and justice will not be done.
My questions are these. Would it be British legislation that covers this incident? If not, which legislation is it? Would there be an independant enquirey and investigation to the accident? If so, whom would conduct it? Does anyone have any further advice?
Thank you for your time
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Posted By Lance Morgan
I am very sorry to hear of the death of your best friends father.
Maritime law can be incredibly complex but the owners of the vessel he was on do have specific duties with regards to the health and safety of crew and passengers. I would suggest your friend seeks advice from a solicitor who has good knowledge of maritime law.
The following link may be useful for reference with regard to legal duties.
http://www.mcga.gov.uk/c4mca/coswp_2005.pdf
Regards
lance
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Posted By Rob T
What flag was the ship flying? The situation may be different depending on which country the ship was registered in. There will be recourse to law and regardless of the country of origin, Private International Law will apply if suitable country laws are considered to be 'forum non conveniens' but this will have to be decided by a UK court if he was a UK national.
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Posted By Grant Dixon
My friend said the ship's 'nationality' was the Isle of Man.
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Posted By Rob T
bloomin' heck that's thrown me! If you'd said Liberia or Panama I may have been at least able to start you on the right track. I'm sorry I have absolutely no knowledge of the laws of the Isle of Man (or their status with regards to the UK which is more to the point). Over to you guys in the Isle to try and help Grant. Sorry.
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Posted By IT
First and foremost Sorry to hear of the death of your friend.
Was the vessel moored in a Port or UK waters ?
as per previous posts the Maritime laws are quite complex ,it depends (if Moored) whether there are arrangements with the Habour masters etc.
IT
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Posted By Grant Dixon
Neither, the boat was out at sea. The country he was air-lifted to was Oman.
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Posted By IT
Now it is in the complex area totally .
Maritime laws ,doubt that the HSE will go any where near it , Sorry
Check the UN charters for laws of the Sea as a starting point ,but it is very complex
you will need to seek leagl advice
Sorry
IT
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Posted By Kevin Walker
Sorry to hear about this but you may find some of the information you are looking for at:
http://www.imo.org/home.asp
which is the international maritime organisation which covers safety etc
kevin
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Posted By bigwhistle
Very sorry to hear about this speak to these people they are the equivalent to the HSE for commercial shipping on the Isle of Man http://www.gov.im/dti/marineadmin
virtually any death must be reported to them on commercial vessels a bit like our RIDDOR.
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Posted By Raymond Rapp
Grant
Just to add a different slant, the company policies and procedures should include the type of scenario that you have described. Not that all situations can be foreseen. Presuming however, that the company is registered in the UK, then their procedures probably reflect UK law. If, procedures are not in place or were not followed, then there may be case to answer - if only a civil claim. Food for thought?
Ray
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Posted By stuart cross
I think the legal guys may befinding this difficult as well because you would have to prove that the stoke was related to the accident. If it cannot be proved it was caused by the accident then it is not a work related death.
Stuart
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Posted By Paul Adams
As a Chief Engineer, he was probably a member of NUMAST, which would be a very good starting point. Even if not, they should be able to point you in the right direction.
www.numast.org
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