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  1. #1
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    Bung's Avatar
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    Accident- insurance compensation claim?

    I have been legally working in the USA on a foreign flagged vessel and had a serious accident. I am totally covered by the boats insurance and they have been great but I may be off work for months yet and not sure if I will have any long term problems. The main thing is will I regain full use of my arm, an unknown at this point.

    I am getting treatment here in the USA until I can fly home to Thailand. I will need physio and will probably fly out to Australia at least initially to have that looked at as that is where I am from and feel I will have better treatment there.

    My question is should I talk to a lawyer here in the USA ( there is a maritime law experienced lawyer right here in town) or in Australia to make sure the insurance co keeps paying and if there is any compensation due.

    I have zero experience in this sort of thing but noticed a few posters seem to know a bit. Sorry, it is not Thai related as such but may be useful info for someone in the future. I won't even bother with Thai lawyers.

    Just to be clear, the insurance co has been great so far. I am still on full salary and will have flights to Thailand paid for. I'm just wondering about the longer term and if I may be due any compensation and how that all comes together.
    Fahn Cahn's

  2. #2
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    The flag of that ship you were working on, and the area of jurisdiction where the accident occurred are the controlling legal factors in your case. Compensation due you is settled according to those laws. legal action is brought in US Federal court under the Maritine Act on US flagged vessels. Consult a maritime law specialist in the US for possible litigation should you feel you have not been fairly compensated. a long and arduous journey through out legal system will follow with more factors to consider than you can imagine.

  3. #3
    Tonguin for a beer
    Bung's Avatar
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    Thanks for the info. I thought getting involved here in the USA could be a nightmare as well as the fact that I won't be here once I can fly. The ship and insurance are all from the uk, the accident happened in the USA and I am from Australia, what a minefield! I guess I am best served to talk to the maritime lawyers here in Florida as they specialize in it for the type of boat I am on and at least I will be on their books should I need help. It would be worth the consultation fee.

  4. #4
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    To make it even more confusing, workman's compensation is generally a function of the states, so the USA has 50 different systems depending on where it happened. Some are very generous to the employee and some are geared towards the employers interests.
    Generally a consultation with a W/C attorney is either free or very inexpensive, and your best start may be to find a competent highly recommended attorney in the State where this happened and see what he says while you are still there.

    Your problem is not all that unusual because of people like truck drivers, airline employees and businessmen who travel as part of their job all have interstate claims.

  5. #5
    Tonguin for a beer
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    Yeah but the vessel is foreign flagged so I doubt it will be a local attorney,s jurisdiction? I'll get a consultation before I leave here and see what they say.

  6. #6
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    i recently had a slight accident riding my moped, i went in front of a car coming out of a turning, no damage to the car what i could see, both party's spent the night at the police station where everything was settled, i paid 500 baht to the police and came away, 3to4 months later i got a call from a solicitor asking for 10.000 baht after i complained they said lets talk, maybe you can pay us 7000 baht is this normal.

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