The Personal Injury Compensation Of Seafarer Serving For Oversea Employer

The first dispatch of seafarer manning service for oversea employer has been from the year of 1979. With the advancement of the international role and the development of maritime industry, China holds numerous seafarer resources. Till today, China has the seafarer of 500, OOOand 40,000 seafarer are providing service for oversea employment. The advances in navigational technology has reduced the risks in shipping industry, while the seafarer is still classified as one of the world's top ten most dangerous professions. The accidents of seafarer occur from time to time. Regarding to the settlement of the personal injury compensation of seafarer serving for oversea employer, it is of great significance to protect the interests of this special group of seafarer and the healthy development of seafarer manning industry.In China seafarer manning service for oversea employer must be operated by the organization licensed by the Ministry of Commerce. Two associated contacts and three disputing parties are involved in this operating model, with the foreign affairs involving, which cause the personal injury compensation of seafarer serving for oversea employer more complicated. Lack of strictly supervision to seafarer service agency, the presence of illicit brokering, all lead the compensation of seafarer serving for oversea employer complicated.In this paper, a comprehensive analysis is made about the personal injury compensation of seafarer serving for oversea employer from the concept of the seafarer serving for oversea employer and the character of the personal injury compensation of seafarer serving for oversea employer, relevant laws, legal relation among the seafarer, seafarer service agency, the oversea employer, subject of the right, subject of the liability, the relating insurance compensation etc, based on those, some individual opinions are given for reference. The author expected that this paper can be useful for the personal injury compensation of seafarer serving for oversea employer, be sound for the development of seafarer manning industry.In Chapter One, the concept of seafarer serving for oversea employer, the characters of the personal injury compensation of seafarer serving for oversea employer are defined. The relevant provisions of the personal injury compensation of seafarer serving for oversea employer in China are summarized.In Chapter Two, under the model of seafarer manning service for oversea employer, two contacts and three parties hall be involved, the relation among the seafarer, seafarer service agency, the oversea employer are analyzed, which supplied base for the below.In the Chapter Three, the issues on the subjects of the right and the liability are discussed. The concept and scope of the subject of the right, subject of the liability are defined, and the role of the seafarer service agency and the P&I Club in the personal injury compensation of seafarer serving for oversea employer are discussed.In the Chapter Four, with the introduction of the principal of imputation, analyzing that in two situations arising by torts and breaches of contract.In the Chapter Five, the insurance compensation concerning the personal injury compensation of seafarer serving for oversea employer is introduced. The relation and character between employment injury insurance and P&I Club insurance are discussed respectively.In the Chapter Six, some problems in the personal injury compensation of seafarer serving for oversea employer are introduced. With regard to those problems, some individual opinions are given for reference.