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Seafarers’ claims for compensation following workplace injuries and death in China

Shan, Desai 2017. Seafarers’ claims for compensation following workplace injuries and death in China. PhD Thesis, Cardiff University.
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Abstract

This research explores the experiences of Chinese seafarers and bereaved families in the process of claiming compensation following workplace accidents. For a long time, issues regarding seafarers’ rights in such cases have failed to attract substantial public attention. International and Chinese studies indicate that seafarers may suffer higher risks of work-related injuries compared with land-based workers. Studies conducted in Australia, Canada and the United States show that claimants under workers’ compensation system may suffer extra psychological harm when claiming damages. However, there is little attention, in academic discourse, paid to the struggles of Chinese seafarers and/or bereaved families in the processes of claiming compensation following work-related casualties. This research aims to examine the procedures for compensation claims and to explore individual experiences of the claim process to determine whether Chinese seafarers suffer additional harm during claim processes. Two major qualitative research methods, documentary analysis and semi-structured interview, are applied in this research. The findings based on an analysis of legal claims process documents and records and interview data with the key informants, including claim handlers in shipping companies, maritime lawyers and maritime court judges in China, suggest that the compensation standards for occupational casualties of seafarers are chaotic and the current social welfare system does not provide effective assistance for the victims. The research results, therefore, show that Chinese seafarers and their families are most likely to suffer additional harm in the process, including intensive psychological pressures caused by the lack of procedural transparency and mental trauma resulting from claim suppression by their companies. Moreover, when resorting to public institutions, including labour administration and judicial authorities, Chinese seafarers are unlikely to receive timely and sufficient remedies.

Item Type: Thesis (PhD)
Status: Unpublished
Schools: Social Sciences (Includes Criminology and Education)
Subjects: H Social Sciences > H Social Sciences (General)
Funders: NIPPON SIRC Fellowship
Date of First Compliant Deposit: 1 February 2017
Last Modified: 28 Jun 2019 03:10
URI: http://orca.cf.ac.uk/id/eprint/97925

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