1 Each Member shall adopt laws and regulations
requiring that shipowners of ships that fly its flag are responsible
for health protection and medical care of all seafarers working on
board the ships in accordance with the following minimum standards:
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(a) shipowners shall be liable to bear the costs
for seafarers working on their ships in respect of sickness and injury
of the seafarers occurring between the date of commencing duty and
the date upon which they are deemed duly repatriated, or arising from
their employment between those dates;
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(b) shipowners shall provide financial security
to assure compensation in the event of the death or long-term disability
of seafarers due to an occupational injury, illness or hazard, as
set out in national law, the seafarers’ employment agreement
or collective agreement;
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(c) shipowners shall be liable to defray the expense
of medical care, including medical treatment and the supply of the
necessary medicines and therapeutic appliances, and board and lodging
away from home until the sick or injured seafarer has recovered, or
until the sickness or incapacity has been declared of a permanent
character; and
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(d) shipowners shall be liable to pay the cost
of burial expenses in the case of death occurring on board or ashore
during the period of engagement.
2 National laws or regulations may limit the liability
of the shipowner to defray the expense of medical care and board and
lodging to a period which shall not be less than 16 weeks from the
day of the injury or the commencement of the sickness.
3 Where the sickness or injury results in incapacity
for work the shipowner shall be liable:
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(a) to pay full wages as long as the sick or injured
seafarers remain on board or until the seafarers have been repatriated
in accordance with this Convention; and
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(b) to pay wages in whole or in part as prescribed
by national laws or regulations or as provided for in collective agreements
from the time when the seafarers are repatriated or landed until their
recovery or, if earlier, until they are entitled to cash benefits
under the legislation of the Member concerned.
4 National laws or regulations may limit the liability
of the shipowner to pay wages in whole or in part in respect of a
seafarer no longer on board to a period which shall not be less than
16 weeks from the day of the injury or the commencement of the sickness.
5 National laws or regulations may exclude the
shipowner from liability in respect of:
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(a) injury incurred otherwise than in the service
of the ship;
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(b) injury or sickness due to the wilful misconduct
of the sick, injured or deceased seafarer; and
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(c) sickness or infirmity intentionally concealed
when the engagement is entered into.
6 National laws or regulations may exempt the
shipowner from liability to defray the expense of medical care and
board and lodging and burial expenses in so far as such liability
is assumed by the public authorities.
7 Shipowners or their representatives shall take
measures for safeguarding property left on board by sick, injured
or deceased seafarers and for returning it to them or to their next
of kin.
8 National laws and regulations shall
provide that the system of financial security to assure compensation as provided by
paragraph 1(b) of this Standard for contractual claims, as defined in Standard
A4.2.2, meet the following minimum requirements:
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(a) the contractual compensation, where set out in the seafarer’s
employment agreement and without prejudice to subparagraph (c) of this
paragraph, shall be paid in full and without delay;
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(b) there shall be no pressure to accept a payment less than the
contractual amount;
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(c) where the nature of the long-term disability of a seafarer
makes it difficult to assess the full compensation to which the seafarer may be
entitled, an interim payment or payments shall be made to the seafarer so as to
avoid undue hardship;
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(d) in accordance with Regulation 4.2, paragraph 2, the seafarer
shall receive payment without prejudice to other legal rights, but such payment
may be offset by the shipowner against any damages resulting from any other
claim made by the seafarer against the shipowner and arising from the same
incident; and
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(e) the claim for contractual compensation may be brought directly
by the seafarer concerned, or their next of kin, or a representative of the
seafarer or designated beneficiary.
9 National laws and regulations shall
ensure that seafarers receive prior notification if a shipowner’s financial security
is to be cancelled or terminated.
10 National laws and regulations shall
ensure that the competent authority of the flag State is notified by the provider of
the financial security if a shipowner’s financial security is cancelled or
terminated.
11 Each Member shall require that ships
that fly its flag carry on board a certificate or other documentary evidence of
financial security issued by the financial security provider. A copy shall be posted
in a conspicuous place on board where it is available to the seafarers. Where more
than one financial security provider provides cover, the document provided by each
provider shall be carried on board.
12 The financial security shall not cease
before the end of the period of validity of the financial security unless the
financial security provider has given prior notification of at least 30 days to the
competent authority of the flag State.
13 The financial security shall provide for
the payment of all contractual claims covered by it which arise during the period for
which the document is valid.
14 The certificate or other documentary
evidence of financial security shall contain the information required in Appendix
A4-I. It shall be in English or accompanied by an English translation.