Introduction

Although the maritime sector is vital to world trade and the economy, seafarers who operate ships to meet the international demand for trade,face serious hazards. The risks they face may include accidents resulting in injury or fatalities, dangerous situations, and other workplace danges. International and national lawshave developed variousmechanisms to ensure that seafarers and their families receive sufficient compensation in cases of death or injury, in recognition of the hazards they confront. This article aims to examinethese provisions, describing the legal foundations, compensation schemes and challenges faced in their implementation, with an emphasis on Indian laws and statutes.

Legal Frameworks for compensation

1. International Conventions

Maritime Labour Convention (MLC), 2006- The MLC, sometimes known as the "Seafarers' bill of Rights," gives seafarers extensive protection and privileges at work. It requires shipowners to provide sufficient financial securityto cover compensation for long-term disability and death in the event of an occupational injury, illnesses or hazard.
International Labout Organization (ILO) Conventaions- Guidelines forcompensation and medical care for seafarers are also provided by a number of ILO conventions, including ILO Convention 130 (Medical Care and Sickness Benefits) and ILO Convention 55 (Seafarers' compensation for loss of or damage to personal effects).

2. National Laws

Different nations have their unique laws that guarantee seafarers' compensation. For example, the United States possesses the Jones Act, which permits sailors who get injured while on the job to sue their employers for negligence.

National Laws in Place in India

Merchant Shiping Act, 1958-This act is a comprehensive statute that covers numerous elements of merchant shipping in India. It requires compensation for death or injury and contains safeguards for the welfare, health and safety of seafarers.
Workmen's Compensation Act, 1923- This statute offers compensation to employees,in the event of an injury or death resulting from and during the course of employment. This act covers seamen although it is not specifically tailored to them.
Maritime Labout Convention (MLC), 2006 compliance- India ensures that Indian sailors receive the protection and compensation required by the convention by ratifying the MLC, 2006, and enacting its provisions into the national law.

Mechanism of Compensation

1. Insurance

It is usually mandatory for shipowners to obtain insurance that covers compensation claims for death or injury. Mutua insurance associations that offer risk pooling and claims management for maritime risks are called Protection and Indemnity (P&I) Clubs.

2. Direct Compensation by Employers

If a seafarer dies, their employers may be held directly liable for paying their families' funeral expenses. In other cases if a sailor is hurt, employers may directly be liable to compensate for the injuries.This compensation covers any medical expenses, loss of earnings and even a lump sum payment to the seafarer's dependents in case of death.

3. Government and Maritime Welfare Funds

Various countries, including India, maintain welfare funds for seafarers. These funds can be used to pay compensation in situations where the employe or the insurance mechanisms fail. In India, the Seafarers Welfare Fund Society (SWFS) is essential in providing support and compensation to seafarers and their families.

Challanges in Securing Compensation

1. Jurisdictional Issues

It might be difficult to decide which nation's regulations to follow, particularly for sailors working on international voyages. Compensation claims may be complicated or delayed by jurisdictional problems.

2. Proof of Negligence

Seafarers are required to prove employer negligence in order to be compensated under some statutes, including the Jines Act in the United States. Proving employer negligence can be a difficult and lengthy process.Even though the Workmen's Compensation Act in India does not require any proof of negligence, there may still be problems in establishing the connection between the employment and the injury or death.

3. Enforcement of Rights

Enforcement can be a problem even in countries with strong legal systems. Seafarers frequently encounter obstacles while trying to file claims and get legal assistance, particularly if they are from developing nations.

4. Delays in Payment

Compensation payments may be delayed because of judicial proceedings, disputed or inefficiencies in the system. This leaves the seafarers and their families in a difficult financial situation.

Conclusion

Seafarers, who frequently put their lives in danger, are essential to world trade and play a critical role in global commerce. International and national legal frameworks have established measures for compensation in cases of death and injury in order to offset these risks. Sailors in India are guaranteed fair compensation by various statutes including the Merchant Shipping Act of 1958 and the Workmen's Compensation Act of 1923 as well as compliance with the Maritime Labour convention of 2006. Despite the extensive nature of these provisions, there are still obstacles in their implementation. Strong legal mechanisms along with effective enforcement and support systems are required to guarantee timely and fair compensation. Addressing these issues is essential to protect the rights and welfare of seafarers, acknowledging their vital contribution to the global economy.