The Skuld P&I Club issues Crew News Bulletin

Filipinos are employed as seaman more often than any other nationality

The Skuld P&I Club has issued Crew News Bulletin refering to Filipino seafarers. In 2013, it was estimated that there are more than 460,000 Filipino seafarers, and there may be moreFilipinos that are employed as seaman than any other nationality.

The Club advises the following key steps for crew onboard:

good training to ensure crew stay safe and look after their health
diligent PEME testing prior to engaging a crewman
continued training and education while on board
strong shore side support to ensure good on board discipline and following of procedures
prompt response to crew injuries and illnesses
appropriate follow up and after incident care

This Bulletin includes a short summary of the most important decision for Filipino seafares, the 120/240 day ruling by the Supreme Court. This decision is applied in all subsequent crew cases in the Philippines. According to that rule, in case of injury orillness, the seafarer was entitled to sick wages for 120 days and when he reached or exceeded the 120 day period hewas automatically entitled to 100% disability compensation. Now, the period of treatment has been extended to 240 days. Therefore, if aseafarer exceeded a period of 240 days and the Company designated physician (CDP) had not declared him “fit for work”within this time period and he still required medical treatment, he was deemed to be permanently and totally disabledand entitled to 100% disability compensation (“Vergara doctrine”).

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The Bulletin includes facts, and court’s decision for the following cases:

Case No . 1: Supreme Court rules seafarer who abandons treatment cannot claimbenefits

Case No. 2: Supreme Court rules no benefits if injury caused by willful act

Case No. 3: Supreme Court finds that seafarer’s psoriasis was work related

Also the Skuld P&I Club advises for Filipino crew on baord the following ”Hot Tips”

ensure that crew are sourced from accredited seaman schools complying with international standards, including the SCTW Convention
make sure that the MLC 2006, to which the Philippines is a signatory, is complied with during every stage of thecrewman’s employment
conduct rigorous PEME testing and seek to only use accredited or audited clinics
make sure that crew know and follow the company’s rules on safety and health for their time on board thevessel : this is a continuing education process
ensure crew know that their welfare is important, and have appropriate shore and on board procedures thatsupport the crew for their time on board
pre-plan for accidents and illnesses, so that there is a strong procedure in place, and all key stake holdersknow their role and respond promptly
good after incident care and support will assist in ensuring the crew man enjoys the best chance of a speedyrecovery and the ability to return to work
good record keeping, from the initial assessment before employment, during the entire on board time and untilsigning off is essential

Further information may be found by reading the Crew News Bulletin ‘FILIPINO LEGAL EDITION’ issued by the Skuld P&I Club (please click at image below)