Jimmy Spithill: two-time America’s Cup winner at insurers Lloyd’s

Career Ending Injury & Medical Repatriation Insurance is a must for responsible owners

Sports persons consistently face the risk of injury during training, practising or competing and even a minor disability can be a career ending event.

Injuries are a realistic possibility in the world of professional sailing, however, Personal Accident Insurance is too often overlooked by those competing in top-level sailboat racing programmes.

For the uninsured it is extremely hard to obtain compensation for injury against a yacht owner unless negligence can be proven and the process is expensive and challenging. In all sports disciplines athletes accept the “Volente non fit injuria” rule, which simply translated means that one knowingly consents to take risks whilst performing dangerous sport activity, simply: participants are aware of the risks involved.

In this context proving negligence is not straightforward and the process is aggravated by the tortuous legal wrangles around the owner’s registration, flags of convenience and maritime law in different jurisdictions. The chances of a successful legal action is reduced and ultimately may not provide proper and adequate compensation to protect future income.

Lex Risks has been arranging Career Ending Injury insurance for many top sailors and racing yacht teams involved in the America’s Cup, RC44, and Volvo Ocean races amongst others for many years. Lex Risks CEO Richard Henry has significant knowledge and experience placing insurance for his clients in the Lloyd’s market and has teamed up with global insurer and Sport insurance specialist Arch Insurance, to provide Lex Risks clients with the best possible cover.

• What happens when an accident occurs?
• Who looks after the injured crew or their next of kin?
• What are your rights? If your injury is potentially career ending, what will you do?

Career Ending Injury insurance is a must for all responsible owners
Some Yacht Management Companies or Owners do generously purchase additional Career Ending Injury insurance to protect their crews against the worst case scenarios. But in most instances this vital cover is overlooked as they rely heavily on the benefits included in the standard Protection and Indemnity Club policy which offers basic cover if proven that the accident is a result of the yacht management’s negligence whilst in employment.

Some Yacht Management Companies or Owners expect sailors to arrange their own cover especially if employed on the yacht for a single event or race.

What are your options in order to protect yourself?
Career Ending Injury insurance can provide protection for individuals or their next of kin from loss of current and future earning following death or disablement. Cover can be a lump sum or a multiple of the member’s annual salary.

Even a partial total disability following an accident can be devastating for the sportsman’s career, policies can be enhanced to include Temporary Disability or Income Protection benefit, which provides a regular income for a limited time, after an excess period, to allow the injured sailor time to plan the future.

Following an accident whilst competing abroad, who deals with the medical bills and your safe repatriation?
In an overseas environment, accident or medical problems can become traumatic experiences. Accident Medical Expenses and Repatriation insurance ensures you are given the best possible care immediately. All necessary arrangements are taken care of by trained professionals available 24/7, 365 days a year, and who provide help and support to patients and families and liaise with the hospital to arrange proper care and safe and prompt repatriation.

This approach is vital especially when dealing with US hospitals due to the excessive cost of care.

Be prudent, manage your risk effectively, contact Lex Risks for a comprehensive and bespoke policy to suit your needs.

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