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Our lawyers represented the interests of the ship-repair company in the International Commercial Arbitration Court (ICAC) at the Chamber of Commerce of Ukraine in the case of the vessel’s repair cost recovery from the ship owner. The court awarded the decision in favor of our client and it was executed against the cash which was arrested by our partners - the U.S. law firm on the correspondent account in a bank in New York.
Reviews
In 2017, I had an incident on a ship, as a result of which I received a compound fracture of my leg and joint. Already at the first stage of treatmentthe shipowner refused to pay sick leave and there was no talk of compensation for disability.
After contacting MaximKocherzhenko the situation changed dramatically, they began to pay me sick leave, covered the medical expenses for rehabilitation (treatment in a sanatorium) and paid for an additional operation. Paid disability compensation.
A very important point during my treatment was that Maxim Kocherzhenkoand his team completely took over all the bureaucratic aspects of my treatment (negotiating with the shipowner, insurance, payment of medical expenses, etc.), which allowed me to focus on treatment as much as possible.
My family and I are very grateful to MAXIMA LAW OFFICE for the work done. I recommend Maxim Kocherzhenkoas a professional in his field and just an honest and decent person.
BRGDS Pavel 10.10.2019
October 2019
No one ever expects that suddenly their whole life can turn upside down and that they will have to deal with litigation at all.
The profession of a sailor is not only profitable, but also extremely dangerous.
Recently my father passed away and it was a shock for the whole family. The shipowner and his representatives apparently decided to play on ignorance and remained silent on any occasion. They did not want to send any documents or personal belongings. They just turned away from us.
And fortunately, by coincidence, on the Internet came across the website of the LAWOFFICE "MAXIMA" and decided to seek an advice from them.
MaximKocherzhenko’sassistant Olesya listened attentively and promptly advised on all issues for what I express special gratitude. After the conclusion of the contract, things immediately began to shift. Personal belongings were found and the shipowner made contact.
Maxim Kocherzhenkois undoubtedly one of the best specialists and a master of his craft.
I do not want anyone to find themselves in circumstances that force them to look for such specialistsbut if you are in such a situation then you will not find a bettermore decent and more reliable person. I express my sincere gratitude for helping us in such a difficult hour for us, for an individual and reverent approach to business.
This is a team of action and results. Thank you for your help!
Maxim, February 2020
February 2020
I was lucky to meet an excellent specialist in his field MaximKocherzhenko. Due to an accident my son lost his father, the insurance company wanted to pay us the amount exclusively indicated in the sailor'semployment contracts, after the death of his father the child receives a fixed rate!
Thanks to literacy and the right approach to this issue, the lawyer managed to achieve an amount many times more than expected! Thank you very much, thanks to you, my son now has his own apartment.
Svetlana, 02/15/2020
February 2020
I would like to write this review for people who cannot make the right decision due to the lack of experience in dealing with lawyers. In our country unfortunately we are afraid to trust strangers, I am very glad that this team was involved in my case! And this is true!
The gratitude that I feel to Maxim Kocherzhenko and to his entire team I have repeatedly expressed personally. They are not only wonderful people but also amazing specialists!!!
From the moment I met with Maxim in person I made the final decision that this person would conduct my case! And it was very difficult to make this decision because there are a lot of lawyers and everyone promised to get paid but NOBODY promised that the payment would be many times more than specified in the contract, and it would be very difficult to do this without qualified lawyers! We won the disability compensation case and the amount of the payment was much more than I could have imagined. We started working together at the very beginning of this journey, we met when I was in the hospital. At that time I did not have at all the amount that was needed for the operation, thanks to my lawyers all expenses were covered in a short time.
I even received the financial support of a lawyer at a time when the company slowed down this process, I received all the financial support that I needed. I just trusted my lawyer, and he did all the work for me and for that I thank him very much!
Don't be afraid to get what is rightfully yours! Until you take care of yourself your employer will not take care of you! And THESE professionals will help you get justice))
Vladislav, January 2020
January 2020
Frequently asked questions
What are the conditions for reimbursement of compensation of sick wages and medical expenses in connection with an injury / illness on board a ship?
The conditions and procedure for paying sick wages and medical expenses to a seafarer in the event of illness or injury on board a ship are governed by his EmploymentContract and Collective Agreement. After a seafarer has been discharged from the ship as a result of injury/illness and repatriated for further treatment to his home country the shipowner is obliged to pay sick wages in the amount of the basic wage rate. It should be noted that the basis for receiving sick wagesand reimbursement of expenses incurred for medical treatment is signing off from the ship due to deterioration in health and the inability to perform labor duties. Please note that the payment of sickness benefit is carried out on the basis of the opinion of the attending physicianand the reimbursement of medical expenses is based on payment documents confirming the costs of treatment (checks). The terms of the Employment Contract and the Collective Agreement may provide for a specific period during which the shipowner pays the seafarer sick wages and compensates for medical expenses, some contracts may establish the obligation of the shipowner to pay these payments until the seafarer is fully restored to health or becomes disabled. If, as a result of illness, a seafarer has permanently lost the ability to work / received a disability, he has the right to demand payment of compensation in connection with the permanent disability.
What to do if the shipowner does not pay wages for a long time?
If the shipowner does not pay wages for a long time (several months)and the contract is already coming to an endthen in this case the seafarer should first of all write to the name of the Master an application for signing off due to the expiration of the contract and payment of the outstanding wages. If there is no reaction from the shipowner you need to contact the administration of the country of the flag and the Maritime Trade Union. Before leaving the ship it is imperative to require a certificate confirming the outstanding amount of salary. If such a certificate is in the hands of the sailor it will be much easier to prove the fact of non-payment in court.
What should I do if I get injured on board?
In order to confirm the injury directly during the period of work on the vessel it is necessary to demand copies of the confirmation documents from the shipowner. Most seafarers' employment contracts stipulate that if a seafarer is injured, the shipowner is required to provide an appropriate medical care and, if necessary, arrange the hospitalization. In this case in order to ensure the payment of compensation for medical expenses a seafarer must receive from the medical institution where he underwent treatment documents containing the diagnosis, the circumstances of his admission to the medical institution the treatment provided. Most contracts provide that during this period before the seafarer is repatriated home he must be paid the full rate of wages.
How much can the relatives of the deceased sailor expect to receive?
Most collective agreements contain a provision that payment of compensation for the death of a seafarer is made to the beneficiary appointed by the seafarer before leaving for the voyage. This is done by the seafarer indicating the name of the “next of kin” in the Employment Contract or in the Application Form. As a rule, the correct filling of the “next of kin” column avoids disputes between the relatives of the deceased sailor about who is entitled to compensation for his death. The amount of compensation is provided for by the Employment Contract and the Collective Agreement, and therefore the amount of payments for each specific case may differ. The amounts of compensation in connection with the death of a seafarer in the recommended pro forma Collective Agreements of the International Transport Workers Federation (ITF) are about 108,000 US dollars to the beneficiary and about 21,000 US dollars for each child under 18 years old (maximum four). However, not all vessels are covered by the ITF collective agreement, and therefore in our practice we have repeatedly met contracts that provide for much smaller amounts (20,000 - 40,000 US dollars).
