38 SETTLEMENT FOR ACCIDENTS TO AMERICAN SEAMEN

in others the names were substantially different but ail other facts
concerning the injured man agreed. Company records in an exemplary
 case showed the seaman as “Reggio” while the hospital
records were “Roggas.”” Numerous instances were found where a
seaman who had received a slight injury had left the ship with no
hospital certificate, and later, although the wound was treated
properly on the ship, it had become infected and the seaman had
gone to the marine hospital for treatment. Several such cases for
which data were obtained resulted in the amputation of a member.

Making Claims

WHILE the seaman is confined in the hospital generally no claim
is presented and no steps are taken by the shipowner or underwriter
 toward a settlement. There are, on the other hand, a few companies
 and agencies who make a practice of starting settlement negotiations
 as soon as an opinion can be obtained from their physican on
the possible length of the man’s disability. The seaman, however, is
more often notified to call on the claim adjuster as soon as he is able
to get around. At that time, if an attorney has not been retained,
the seaman presents his claim. If an agreement is reached the claim
is paid in cash or by voucher as soon as the proper releases have
been executed and the case is considered closed by the shipowner or
the underwriter. Such settlements are based usually on the amounts
which the seaman is entitled to as maintenance and as wages to the
end of the voyage. Often the seaman makes demand for wages
during disability with no mention of his right to maintenance. The
adjuster in these cases usually computes the amount the seaman
should receive as maintenance and wages, and limiting his settlement
 to that amount proceeds to settle on the basis of “wages during
disability” not to exceed the computed figure. Cases were found
where the settlements made under these conditions were more than
the amount demanded though the usual aim seemed to be to please
the injured seaman without payment of further sums.
Many settlements are based on very meager information. The
claim adjuster may have a master’s report showing that a seaman
was injured aboard a ship on a certain date. No claim is presented
immediately, but after a period of possibly three months, six months,
or a year, the seaman presents himself and asks for a settlement.
The adjuster inquires as to the treatment which the seaman obtained
after the accident and then makes an effort to verify what the seaman
 has related. This can sometimes be done and sometimes it
can not. For example, it may be that the seaman was burned and
a report was made by the master, but no record of his having obtained
treatment after leaving the ship could be found, yet he may have displayed
 the scars resulting from the burn. The adjuster calls in his
examining physician and makes a settlement on the basis of the
doctor’s opinion of probable disability and the facts shown in the
master’s report of the injury. Should there be any possible chance
of the seaman’s going to an attorney on the ground that the ship
was unseaworthy the settlement may be for a considerable amount.
Such action is taken as a preventive measure on the theory that the
costs of litigation would be far more than the amount of the settlement
 personally negotiated with the seaman. Settlements negotiated
on questionable grounds are usually termed ‘nuisance’ values.