Malaysia legislation
Section 22
Section 22
This Act shall apply to seamen in the same way as to workmen, subject to the following modifications, namely:
(a)
the notice of the accident and the claim for compensation may, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident happened and the disablement commenced on board the ship, it shall not be necessary for any seaman to give any notice of the accident;
(b)
in the case of the death of a master or seaman the claim for compensation shall be made within six months after the news of the death has been received by the claimant
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Workmen’s Compensation or, where the ship has been or is deemed to have been lost with all hands, within eighteen months after the date on which the ship was, or is deemed to have been, so lost;
(c)
where an injured master or seaman is discharged or left behind in any territory in the Commonwealth or in a foreign country depositions respecting the circumstances and nature of the injury may be taken by any judge or magistrate in that territory or by a consular officer in the foreign country, and if so taken shall be transmitted by the person by whom they are taken to the Minister, and such depositions or certified copies thereof shall, in any proceedings for enforcing the claim, be admissible in evidence;
(d)
in the case of the death of a master or seaman leaving no dependants, the Commissioner shall, if the owner of the ship is under any law relating to shipping in force for the time being in Malaysia or any part thereof liable to pay the expenses of burial of the master or seaman, return to the employer the full amount of the compensation deposited under subsection 10(1) without making the deduction referred to in subsection (4) of that section;
(e)
no half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law relating to shipping in force for the time being in Malaysia or any part thereof, liable to defray the expenses of maintenance of the injured master or seaman;
(f)
any sum payable by way of compensation by the owner of a ship under this Act shall be paid in full notwithstanding anything contained in section 360 of the Merchant Shipping
Ordinance 1952 [Ord. 70 of 1952] in the application of this Act in Peninsular Malaysia, or in section 503 of the
Merchant Shipping Act 1894 [57 and 58 Vict. C. 60] of the United Kingdom in the application of this Act to
Sabah and Sarawak.
Returns as to compensation