Comparison of national and international legal problems of seafarers related to work accident

This study comparatively examines national and international legal analyzes regarding seafarers' occupational accidents. In terms of occupational health and safety, the working conditions of seafarers are regulated within the framework of both national legislation and international agreements. The Turkish Commercial Code, the Maritime Labor Code and the relevant conventions of the International Labor Organization (ILO) undertake to ensure that ships are seaworthy and roadworthy and to secure the social rights of employees.In the research, deficiencies and applicability problems in the legal regulations regarding occupational accidents and injuries of seafarers were discussed. For example, within the scope of Maritime Labor Code, basic issues such as the definition of work accident, workers' rest and leave rights, food and accommodation are regulated in detail. However, there are incomplete regulations and implementation problems compared to international agreements. While ILO Conventions No. 146 and 166 address seafarers' working and leave periods and their right to return home in more detail, national legislation remains limited in these areas.Compared to international examples such as the American Jones Act, compensation and safety regulations regarding seafarers' work accidents are less comprehensive in Turkish law. For example, the Jones Act imposes liability for occupational accidents in the event of shipboard non-compliance, even if the employer is not at fault, and also provides for the protection of seafarers against liability.As a result, national and international regulations regarding occupational accidents of seafarers should be complementary and steps should be taken to increase safety in the maritime sector.