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Part 6 · Medical Care and Treatment

35. Shipowner’s duty to make provision for seafarer medical and other expenses

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(1)

Subject 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 —

(a)

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

(b)

first occurs subsequent to the period mentioned in paragraph (a) but is caused by circumstances or events arising during that period.

(2)

Expenses incurred in connection with a sickness or an injury include —

(a)

expenses of surgical, medical, dental or optical treatment (including the repair or replacement of any appliance); and

(b)

expenses for board and lodging.

(3)

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.

(4)

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.

(5)

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.

Report

Part 7

Health and Safety Protection and Accident Prevention

Part 8

Inspection and Certification

Part 9

Complaints

Part 10

Inspections in Port

Part 11

Miscellaneous

Schedules