C4.2.1.c. What costs are included under shipowners’ liability?

Regulation 4.2, paragraph 1 of the MLC, 2006 sets out the general principle that seafarers have a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement. The question of what are considered financial consequences is a matter for national laws and regulations. Standard A4.2.1, paragraphs 1 to 4 and 7 of the MLC, 2006 requires the following costs to be covered as a minimum:

■ the expense of medical care, including medical treatment and the supply of medicines and therapeutic appliances, and also board and lodging for seafarers while away from home, until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character [see C4.2.1.d.]; where sickness or injury results in incapacity for work, full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated; and 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 country concerned;

■ 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 a collective agreement;

■ the cost of burial services in the case of death on board or ashore during the period of engagement;

■ the cost of safeguarding the property of seafarers left on board by sick, injured or deceased seafarers.

Shipowners’ liability