Under the Maritime Labour Convention 2006 (‘the MLC’):
- A seafarer has the right to material assistance with respect to the financial consequences of sickness, injury or death occurring between the date of commencing duty and the date upon which he is repatriated.
- The shipowner must have financial security for compensation in the event of the death or long term disability of a seafarer due to an occupational injury, illness or hazard.
- The shipowner must pay the expense of:
- medical care, treatment and the supply of medicines and appliances;
- board and lodging until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character;
- full wages as long as the sick or injured seafarer remains on board or until he has been repatriated;
- wages in whole or in part as prescribed by national laws or as provided for in collective agreements from repatriation until the seafarer has recovered; and
- burial expenses.
- The MLC allows countries to exclude shipowners’ liability if:
- the injury was not caused in the service of the ship;
- the sickness or injury was due to the seafarer’s wilful misconduct; or
- the sickness or injury was hidden by the seafarer when the seafarer was first employed.
- Measures must be taken to safeguard property the seafarer has left on board when he becomes sick, is injured, or dies.
See Regulation 4.2 of the MLC.
For more information
See the ILO Frequently Asked Questions (section C5.2) at http://www.ilo.org/global/standards/maritime-labour-convention/what-it-does/faq/WCMS_177371/lang–en/index.htm
July 2014
