A mechanic working on a vessel tragically died after an incident during his inter-shift break. The man suddenly entered an «inadequate state» and jumped overboard in front of his colleagues, resulting in his death.
Initially, the company classified the incident as not work-related, asserting that it occurred during non-working hours. Consequently, the deceased’s wife was denied compensation for their minor children, who were left without a breadwinner.
Dissatisfied with this decision, the widow pursued legal action. In her lawsuit, she contended that the employer had egregiously violated labor legislation by failing to arrange a mandatory psychiatric examination before employment and neglecting to provide proper workplace training. Furthermore, she highlighted the ship captain’s failure to isolate the employee, despite his visibly unstable condition, which she argued contributed to the tragic event.
The courts concurred with the plaintiff’s arguments and granted the claim for compensation, basing their decision on the following points:
- The Labor Code obliges employers to ensure safe working conditions and protect employee health.
- In the event of an employee’s death due to a workplace accident, the employer is obligated to pay compensation to the family members.
- The employee was permitted to perform duties without undergoing the mandatory psychiatric assessment and workplace training, which, given the circumstances, was found to be directly connected to and influential in the incident.
- The accident investigation commission’s classification of the incident as not work-related was deemed unlawful. Moreover, the fact of suicide, including under the influence of psychotropic substances, was not proven.
- The unfortunate incident occurred on a ship, which is inherently a source of increased danger. Although the employee was on an inter-shift break at the time, the courts determined that the employer’s violations of requirements for psychiatric assessment and training contributed significantly to the accident.
