Do I Need Marine Employers‘ Liability Insurance?
Employment law is a complex area which varies from country to country. If you are in any doubt as to whether or not your individual crewing arrangements include risks thatnecessitate Employers’ Liability insurance being in place, you should seek advice from a qualified employment lawyer in the appropriate jurisdiction as to whether a Court would construe your particular circumstances as an Employer/Employee relationship, or whether your crew would be considered by a Court to be independent contractors.
Why Is Employers‘ Liability Cover Advisable?
If a yacht has paid crew on board, the yacht owner can be held personally liable for the well being of his crew. This even applies to seasonal workers within the marine trade and/or deck hands. A crew member does not always need to have a written contract of employment to fall under the requirement of employers’ liability. It is also important to note that Employers’ Liability cover is mandatory for British flagged vessels sailing in British waters or employing crew who are normally resident in the UK. It is therefore important not only to consider your legal liability to paid crew but also ensure you have the correct level of insurance in place. In addition to other important policies such as our Hull Insurance or our Third Party Liability Insurance, insurance for your legal liabilities to paid crew is strongly recommended.
The situation is further complicated in that the level of crew protection varies according to the nationality of the crew member. For example, for US crew members the compensation awarded in the United States (Jones Act) can be considerably higher than that normally awarded in Europe.
Pantaenius Extensive Marine Employers‘ Liability Insurance
Pantaenius is able to arrange Marine Employers’ Liability Insurance through its underwriter Steamship Mutual Underwriting Association Limited, one of the major international insurance companies on the market. The policy wording includes cover for liabilities arising under the Maritime Labour Convention 2006 (as amended) to the extent that the Maritime Labour Convention (as amended) is statutorily applicable.