As a result of recent events in the waters around the Red Sea, where A.P. Moller-Maersk has experienced several missile attacks on the company's ships, UFDS finds it relevant to highlight the rules for coverage in this field.
International shipping has always been associated with certain risks, but the series of missile attacks that A.P. Moller-Maersk, among others, have recently been the subject of in the waters around the Red Sea can only be classified as extraordinary.
Against this sad background, the the Danish Shipowners’ Accident Insurance Association would like to outline the conditions for compensation under the Workers' Compensation Act in the event of terrorist acts as they currently stand.
Individuals insured under the law
The Workers' Compensation Act deals with personal injury compensation as a result of terrorist acts on ships. The general rule under Section 10a of the Workers' Compensation Act is that compensation is supplied for the losses incurred as a result of the act. This applies equally to psychological injuries as well as to physical injuries.
The decisive factor in determining whether the injured party is entitled to compensation under the Workers' Compensation Act is not, as usual, that the injury must be justified by the work or the conditions under which it is carried out. Instead, the condition is that the terrorist act must fall under the provisions of the Penal Code on terrorism.
The use of missiles in connection with terrorism is illegal under Section 114 (1)(6) of the Danish Penal Code. In the event that employees should be injured as a result of a missile attack, the person will be insured by the Workers' Compensation Act, and thus entitled to compensation as in ordinary work accidents. This applies regardless of whether the damage should occur inside or outside the injured person's working hours on the ship itself.
Associated costs
The general rule is that the state bears the costs of personal injury in the event of terrorism directed against ships. It follows from Section 10a(3) of the Workers' Compensation Act that the State may, however, require insurance companies to cover the costs in certain cases.
This applies if the ship operates in areas where there is a particular risk of terrorism. The risk assessment on which this is based is the risk assessment carried out by the Ministry of Foreign Affairs to assess the risk of terrorism in specific areas.
Report
Should you experience such terrorist acts, the personal injuries must be reported to us, after which our claims handlers will take the necessary steps to ensure the rights of the employees.
