Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 6 · Medical Care and Treatment
35. Shipowner’s duty to make provision for seafarer medical and other expenses
Feedback & supportSubject to section 38 and subsections (3) and (4), a shipowner is liable to meet any expenses reasonably incurred in connection with a seafarer’s sickness or injury which —
shipowner
“shipowner”, in relation to a ship, means the owner of the ship, and includes —(a)the registered owner; or(b)in the absence of registration —(i)the person owning the ship; or(ii)any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;
first occurs during a period starting on the date on which the seafarer’s employment agreement of that seafarer commences and ending on the date on which the shipowner’s duty to repatriate that seafarer under section 23 ends; or
first occurs subsequent to the period mentioned in paragraph (a) but is caused by circumstances or events arising during that period.
Expenses incurred in connection with a sickness or an injury include —
expenses of surgical, medical, dental or optical treatment (including the repair or replacement of any appliance); and
expenses for board and lodging.
The duty in subsection (1) does not affect any duty imposed on the shipowner under section 23, and does not apply in respect of any expenses met by the shipowner under that duty.
The duty in subsection (1) is limited to expenses incurred during a period starting on the date on which the sickness or injury first occurs and ending on the expiry of 16 weeks after that date.
If any expenses are incurred by a seafarer to which the duty in subsection (1) applies, the seafarer may recover those expenses from the shipowner as a civil debt.
seafarer
“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —(a)a pilot;(b)a port worker;(c)a person temporarily employed on the ship during the period it is in port; and(d)a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;