What about liability with dayworkers?

Nov 11, 2013 by Guest Writer

 

Address dayworker issues

 


I have just read your piece about the group of captains discussing the use of dayworkers [From the Bridge: “Dayworking crew a ‘necessary evil’ in getting it all done,” page A1, October issue]. I'm amazed that nobody raised the multiple employment and insurances issues associated with employing casual labor.


It makes sense that they would have covered this side of the question, especially in light of the Jones Act. I know of one instance where a young dayworker was injured while working on a yacht in Florida and the yacht has had to spend a fortune on his medical bills.

 

I'm a captain, based in the Med, and I've been having to deal with this issue for years.

 

Generally I'll get clearance from the yacht's insurers (which may involve increasing the number of insured crew) and then put them on the crew list but that won't now work for MLC 2006 compliant yachts.

 

A Med-based captain




Should dayworkers have insurance?

I enjoyed the article on the day workers, as that is how I started in this industry, 1977, Greece, $10/day and I got lunch.


There is one point that was missed, and that is insurance. If the dayworker has an accident and either hurts himself, someone else, the vessel he is on or another vessel, how is that handled?

 

Just something for all parties to think about. Do you sign them on as crew, ask the dayworker to provide proof of insurance, not only health, but property, or what?


Mark Russell, project manager

Derecktor – Florida


Editor’s Note: The captains did discuss the insurance issues, but each had his own way of dealing with it and we didn’t want to appear as though we endorsed any one method. We have organized a roundtable discussion with players in the insurance and legal fields to address this issue. Watch for that story in the December issue.

 

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