Accident at sea

When fishermen have an accident at work, it doesn´t matter if the accident can be attributed to mistakes or neglect. Fishermen are entitled to compensation for the consequences of an accident and all the damage they suffer.

When fishermen have an accident at work, it doesn´t matter if the accident can be attributed to mistakes or neglect. Fishermen are entitled to compensation for the consequences of an accident and all the damage they suffer. It´s not necessary to prove the fault of the employer. The fishermen’s right to compensation is high and is treated in the same way as compensation in traffic accidents. Like in all other accident cases it is important for a fisherman to respond quickly and notify the relevant parties, such as the employer and the Icelandic Health Insurance.

Here are two types of compensation to be considered. There is compensation for temporary consequences and compensation for permanent consequences. In the first category, there is compensation for temporary loss of employment and pain and suffering. In the second category there is compensation for permanent non-pecuniary damage and permanent financial disability, that is when the so-called stability point has been reached and no further recovery is expected.

Contact us for more information on your legal status.

Temporary loss of employment

The injured party is generally entitled to compensation for the time he is away from work. That is, the loss of income from the day of the accident until the injured party can return to work or if no further recovery is expected. Household work is also equated with work outside the home and therefore the person who works at home may also be entitled to compensation under this category.

Additional compensation for pain and suffering

This is a standard compensation for the period that the injured party is considered incapacitated/ill due to an injury caused by an accident. The injured party is entitled to a certain amount per day, depending on whether he is bedridden or not. In certain circumstances, it is permissible to pay compensation despite of the injured party being able to work. An example of such case is that physical injury causes temporary physical discomfort or interferes with normal physical activity without the injured party being ill.

Compensation for permanent personal injury

Compensation for permanent personal injury is compensation for non-financial damage. That may consist of suffering, embarrassment, discomfort, blemish, and disfigurement e.g. Compensation under this category depends on the severity of the injury from a medical point of view as well as the difficulties they cause in a life of the injured party. A personal injury can often affect the future ability of the injured party to earn income.

Compensation for permanent disability

The ability of the injured party to earn income due to physical injury may decrease due to the injuries he suffers in an accident. For example, the injured party may need to reduce his workload or even quit working. Disability covers the permanent impairment of the injured party’s ability to earn income in the future. The calculation of compensation in such cases depends on the age of the injured party and the income he had for the past three years before the accident. The calculation is based on minimum wage.

Outlay

Outlay refers to the cost of the injured party that he incurs because of the assistance he must seek after an accident. This may include expenses for medical visits, rehabilitation, medication, and other financial loss. Other financial loss is, e.g. the cost of prosthetics and taxis. It is important to keep the original payment receipt for these expenses to claim these expenses from insurance companies or the person responsible for the injury.

THE PROCESS

STEP 1

Notices

It is important to respond quickly and ensure proof of the incident, as this can help us to protect your interests.

STEP 2

Gathering information and evidence

It is best to contact us so we can proceed with the case in the right direction. Then we can give you advice on the following steps and get started with gathering information and evidence.

STEP 3

Assessment of consequences

Injury and compensation cases can take a long time. Usually it takes at least one year until it is possible to assess the consequences for the injured party.

STEP 4

Settlement of compensation

In most cases, a settlement is reached. That is especially in cases when an insurance company is liable for compensation. In the event of a dispute regarding the liability or the amount of compensation, we will take the case to appropriate ruling committees and/or the courts.