Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part II · Workmen’S Compensation for Injury
22. Special provisions relating to seamen
Feedback & supportThis Act shall apply to seamen in the same way as to workmen, subject to the following modifications, namely:
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;
employer
“employer” includes the Government of Malaysia and the Governments of each of the States; in respect of civilian employees engaged in Malaysia or in Singapore of any visiting force lawfully present in Malaysia or of any person in the civil employment of the Government of any Commonwealth country, whose contract of service was made in Malaysia or in Singapore, the Government of that Commonwealth country; any local authority; any person or body of persons whether statutory or incorporated or not; the legal personal representative of a deceased employer; and in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the said club: Provided that where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
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
seaman
“seaman” means any person forming part of the crew of any registered ship and includes the master of any such ship;
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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;
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;
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;
Commissioner
“Commissioner” means— (a) in relation to Peninsular Malaysia, the Director General of Labour and all Deputy Directors General of Labour, State Directors of Labour and Assistant State Directors of Labour appointed under the Employment Act 1955 and includes such Labour Officers appointed under the said Act as the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner by this Act; (b) *in relation to Sabah, the Director of Labour appointed under the Labour Ordinance of Sabah and includes a Deputy Director, an Assistant Director and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act; (c) in relation to Sarawak, the Commissioner of Labour appointed under the Labour Ordinance of Sarawak and includes a Deputy Commissioner, an Assistant Commissioner and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act;
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;
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.