Section 38
Exclusion from liability under sections 35, 36 and 37
of Merchant Shipping (Maritime Labour Convention) Act 2014
ActIn forceProvision 39 of 86
Section 38
Sections 35, 36 and 37 do not apply to a seafarer where —
(a)
the injury mentioned in section 35 or 36 was incurred otherwise than in the service of the ship;
(b)
the injury or sickness mentioned in section 35 or 36 was incurred due to the seafarer’s wilful misconduct; or
(c)
the sickness or incapacity for work existed on the date on which the seafarer entered the seafarer’s employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.