When a seafarer dies at sea, the family is left with grief and a pile of questions. Who will pay? How much? Who do we even write to? The company is often far away, the ship is in another country, and the first calls come from people who want the matter closed quickly.

This guide sets out, step by step, how a family claims the compensation that is owed. It covers the money side only. The separate question of who is responsible for the death, and whether anyone should answer for it in a criminal court, is dealt with in our article Seafarer death or injury on board: who is liable?

Step 1: Know that the compensation is a right, not a favour

Most Indian seafarers on foreign ships sail under a written employment agreement. Many are also covered by a collective agreement between a seafarers’ union and the shipowners. These documents usually fix a death compensation amount, and often extra amounts for children. The family does not have to prove that anyone was at fault to receive this contractual compensation.

The Maritime Labour Convention, 2006 (MLC) adds a further layer of protection. Under Regulation 4.2 and Standard A4.2.1, the shipowner must provide financial security to assure compensation in the event of a seafarer’s death or long-term disability due to an occupational injury, illness or hazard. In practice this security is usually given by the ship’s P&I club or another insurer.

Step 2: Find out who must pay

One ship can involve several companies. There is the registered owner, a manager who runs the ship, sometimes a separate employer named in the contract, and the Indian manning agency that recruited the seafarer. Each may point to the other. Our guide Who is your real employer? explains how to work out who is who.

For the death claim, three names matter most:

The employer and the shipowner named in the employment agreement.
The provider of financial security, usually the P&I club. Under the MLC, a certificate showing this security must be carried on board, and it names the provider and gives its contact details. Ask the company for a copy.
The Indian manning agency that placed the seafarer. It is licensed by the Directorate General of Shipping and is usually the family’s first point of contact.

Step 3: Gather the documents

A claim moves faster when the papers are ready. Collect as many of these as you can:

The employment agreement and, if one applies, the collective agreement.
Joining letter, wage slips and bank records of wages paid.
The seafarer’s Continuous Discharge Certificate (CDC) and passport details.
The death certificate and the autopsy report, from abroad and from India if a post mortem was done here.
The master’s report or the company’s incident report.
Any nomination form the seafarer signed, naming who should receive money in case of death.
Proof of the family relationship, such as a legal heir certificate, if the company or insurer asks for it.

If the seafarer left documents at home before sailing, they will help now. Our document checklist lists what every seafarer should leave with the family.

Step 4: Make a written claim

Do not rely on phone calls. Write to the employer and the manning agency, and send a copy to the financial security provider named in the certificate. The letter should state who the seafarer was, the name of the ship, the date of death, the contract under which he served, and the amount claimed under that contract. Ask for a written reply within a fixed time, and keep proof of sending.

Under the MLC, the claim for contractual compensation can be made directly to the financial security provider by the seafarer’s next of kin, a representative or a designated beneficiary. The family does not have to wait for the shipowner to act.

Step 5: Ask for everything that is owed, not only the lump sum

The death compensation is the largest amount, but it is rarely the only one. The family should also ask for:

Wages due up to the date of death, including any unpaid balance and leave wages. Our article on unpaid seafarer wages explains how wage claims work.
Repatriation of the body and burial expenses. The MLC makes the shipowner liable for the cost of burial where death occurs on board, or ashore during the period of engagement.
Personal belongings left on board. The MLC requires the shipowner to safeguard the property of a deceased seafarer and return it to the next of kin.
Any additional amounts the collective agreement provides, such as payments for children.

Step 6: Read every paper before you sign

Families are often asked to sign a “receipt and release” or a “full and final settlement” when the money is paid. Read it carefully. A document that says the payment settles all claims against everyone can take away the family’s other rights.

The MLC protects the family here. Contractual compensation is to be paid in full and without delay, and there must be no pressure to accept a payment less than the contractual amount. If the amount offered is lower than the contract says, do not sign until you have taken advice. Sign a plain receipt for the money you actually receive, and nothing more.

Step 7: Agree within the family who will act

Delays often come from inside the family, not from the company. Parents, the spouse and the children may all have a share, depending on the nomination and the law of succession that applies. Decide early who will deal with the company, and give that person written authority. A family that speaks with one voice is paid sooner.

Step 8: If payment is refused or delayed

Most claims are paid once the documents are in order. When they are not, the family has several options:

A complaint to the Directorate General of Shipping against the Indian manning agency, which is answerable to it under its licence.
A legal notice to the employer, the shipowner and the financial security provider, setting a final date for payment.
A claim in an Indian court. A claim for loss of life in connection with the operation of a ship is a maritime claim under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. If the ship, or in some cases another ship of the same owner, calls at an Indian port, it can be arrested to secure the claim. Our article Ship arrest in India explains how this works.

Every route has its own time limit. Some contracts and collective agreements also set short deadlines for making a claim. Do not wait for the company to finish its own inquiry before taking advice.

A short checklist for the first weeks

Write to the employer, the manning agency and the P&I club, and keep copies.
Ask for the employment agreement, the collective agreement and the financial security certificate.
Collect the death certificate, the autopsy report and the master’s report.
List every amount owed: compensation, wages, repatriation, burial and belongings.
Sign nothing except a plain receipt for money actually received.
Take legal advice before the first deadline, not after it.

Speak with our team.

For specific questions on a matter, rather than general commentary, please contact the firm directly.

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When a seafarer dies at sea: how the family claims compensation, step by step