Boat Injury Compensation Claims.

When you are working on a boat, or travelling by boat for work, not only are you at the mercy of the sea and the weather, but your wellbeing also depends on the health and safety protocols that have been put into place on-board. Some of the most common causes of boating accidents include:

• Boats colliding with other boats or stationary objects
• Being hit by a boat or being dragged underwater whilst swimming
• Wet surfaces and unsafe objects on deck causing slips, trips, or falls
• Boat operators being under the influence of alcohol or drugs
• Carbon monoxide poisoning caused by engines, generators, heaters, and cooking appliances used in enclosed spaces
• Failure to replace, maintain, or repair engines, bilge pumps, etc.
• Failing to use a kill cord correctly
• Overloading crew boats and workboats with workers, equipment, cargo, or supplies
• Negligent operation or navigation of the vessel by captains or crew members
• Failing to secure the boat properly during boarding or disembarking
• Failing to follow safety protocols regarding lifeboats, personal floatation devices, and fire extinguishers

This list is not exhaustive, and if you have been involved in any type of accident at work on, or caused by, a boat, please get in touch to discuss your situation. Our Personal Injury Team will be happy to offer advice and guidance and help you get started with your compensation case.

The boat operator has a duty of care to all crew members and passengers to ensure that the vessel is operated in a manner which ensures their safety as much as is reasonably possible. The laws determining who is liable for paying compensation in the event of an accident depend on where the accident actually took place. For example, if the accident occurred in British waters, British maritime laws would apply. However, if the accident occurred in the waters of another country, then the maritime laws of that country would apply.

Approximately two thirds of the ocean does not fall under the jurisdiction of any country’s government. These areas are known as international waters. If a boat accident occurs within international waters it is governed under the Athens Convention.

The Athens Convention is an international law to which all of the international governments who signed the agreement are beholden, and it supersedes British law. For example, if an accident occurs on a ship that begins and ends its journey in British waters, but the ship passed through international waters along the way, the Athens Convention would take priority over British maritime laws.

Under the Athens Convention, the ship’s operator is held responsible for the safety and wellbeing of all passengers and their luggage. This means that should anything happen to a passenger due to negligence on the part of the ship’s operating company and/or crew, the ship operator would be liable. The Athens Convention also places liability for luggage on the ship’s operator, which means that if an accident occurs in which you are unharmed, but your luggage is damaged, or goes missing due to theft or negligent handling and storage, you can claim compensation.

The Athens Convention states that a ship’s operator could be liable if they:

• Failed to carry out checks of the ships machinery and equipment on-board
• Failed to properly carry out maintenance and repair of the ship
• Failed to provide their crew and management with proper training

If you are unsure about your right to make a claim after a boating accident in international waters, please get in touch and our highly qualified and experienced Personal Injury Team will be happy to discuss your situation and offer guidance.

Under UK law, all employers must have insurance in place to cover accidents. This means that, in the event of a boating accident at work, your employer’s liability insurance would cover any compensation claim made against them and it wouldn’t affect the company or cause them to go bankrupt, for example. You won’t need to speak to the insurance company yourself, our personal injury solicitors are here to handle all of the legal details on your behalf, leaving you to focus on recovering from the accident.

Additionally, you are protected by UK law, which means that your employer cannot treat you unfairly, dismiss you, or force you to resign due to you taking legal action against them. If you’d like any further guidance and clarification on this, our team will be happy to help.

Our expert Personal Injury Team at Lanyon Bowdler has supported claimants in all types of boat accident claims, always achieving the best possible result. We can assess your case today, and help you through the claim process for your boat accident injury. Contact us for a free, no-obligation consultation.

If you are involved in a boating accident in which you sustain an injury, there are a number of steps that you should take afterwards in order to air your recovery and speed up any legal proceedings that take place.

• If the incident occurs in British waters it should be reported straight away to the Marine Accident Investigation Branch (MAIB), which is a UK government organisation with the authority to investigate maritime accidents in UK waters. Their investigation will establish the cause of the accident, promote awareness of risks, and prevent recurrence.
• If you are injured you should seek medical help as soon as possible. Depending on the nature and severity of your injuries this may involve being assessed on site by a paramedic, or being driven to hospital by a friend or colleague.
• After being treated for your injuries, ask for a copy of the medical report as this will provide useful evidence when you begin your compensation claim.
• Take photos of the scene of the accident, or ask somebody else if you are unable to, as these will also provide valuable evidence later on. If the boat has CCTV ask for a recording of the footage from the incident.
• Obtain the contact details of anyone who witnessed the accident and ask if they would be willing to provide a statement to back up your claim.
• Document your injuries and your recovery journey with photos, to provide visual proof of the suffering endured after the accident.
• Keep a record of any expenses incurred as a result of the accident, such as travel to and from hospital, prescription costs, therapeutic treatments you have received etc as you should be able to claim these expenses back.

If you have any questions about what to do after your boating accident please don’t hesitate to get in touch and a member of our Personal Injury Team will be more than happy to help you. We’re on your team and we want to ensure your compensation claim goes as smoothly and successfully as possible.