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NSW Got Ill On-board Ship - Company Refuses to Give Workers Compensation?

Discussion in 'Employment Law Forum' started by margdv, 3 November 2015.

  1. margdv

    margdv Active Member

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    Been on a ship for at least 21 days before feeling unwell and on day 26 into trip had to be repatriated and hospitalized in various hospitals (overseas as well as Australia) for a virus resulting in a encephalitic event 2 weeks later.

    As mentioned, I've only been confined in a ship environment with the crew being my only contact, a new crew after a crew change, and workers who come aboard for maintenance, provisioning and paperwork. I never went ashore during the whole 26-day period.

    The Company has refused me workers compensation. Comcare's recommendations were that workers compensation should be paid by their decision, and not by the employer and his insurance. Their reasoning behind the refusal was that work was not a contributing factor.

    Could someone please help me?
     
  2. Tim W

    Tim W Lawyer

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    I assume that you are not a member of the Maritime Union of Australia?
    If you are, then contact them for advice.

    If not, then start by working out exactly who you are employed by (this should be in your employment paperwork).
    Things may be different depending on where your employing entity is based (lawyers say "domiciled").
    For example, you may find that your employer is based in Nassau, or Hong Kong, or Miami...
    in which case the law will probably be different to Australia.

    Am I correct in thinking that by "workers compensation", you really mean the cost of your repatriation?
     
  3. margdv

    margdv Active Member

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    Thank you Tim,
    It's an Australian company. The claim is for compensation of time I haven't been able to work due to the illness, all supported by medical evidence and doctors, fit to work certificates, etc., but all were denied, although Comcare differed with them.
     
  4. margdv

    margdv Active Member

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    Maritime Union did exactly nothing.
     
  5. margdv

    margdv Active Member

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    I formulated the question inncorrectly.
    Upon a review, comcare upheld the decision that I should be compensated during my time of recuperation due to my illness, however the Company and Their insurance have not complied.

    It will now be decided by tribunal but I am representing myself as the lawyers I approached did not want to take on this case.
     

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