s.25Application to persons employed on ships
25
Section 25Part 6 — Application to Special Classes of Persons

Application to persons employed on ships

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This Law shall apply to master, seamen and apprentices to the sea service, provided that such persons are workmen within the meaning of this Law, and are members of the crew of any ship registered in the Islands, or of any other British ship or vessel of which the owner or (if there is more than one owner) the managing owner or manager resides or has his principal place of business in the Islands, subject to the following modifications —
the notice of accident and the claim for compensation may, except where the person injured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident;
in the case of the death of the master, seaman or apprentice, the application for compensation shall be made within three months after news of the death has been received by the claimant;
where the injured master, seaman or apprentice is discharged or left behind in a British possession or a foreign country, depositions respecting the circumstances and nature of the injury may be taken by any judge or magistrate in the British possession, and by any British Consular Officer in the foreign country, and if so taken shall be transmitted by the person by whom they were taken to the Governor, and such depositions or certified copies thereof shall in any proceedings for enforcing the claim be admissible in evidence as provided in sections 691 and 695 of the Merchant Shipping Act 1894 of the United Kingdom and those sections shall apply accordingly;
in case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable, if the owner of the ship is under the Merchant Shipping Act 1894 liable to pay expenses of burial;
the half-monthly payment shall not be payable in respect of the period during which the owner of the ship is, under any law in force for the time being in the Islands relating to merchant shipping liable to defray the expenses of maintenance of the injured master, seaman or apprentice;
any sum payable by way of compensation by the owner of the ship under this Law shall be paid in full notwithstanding anything in section 503 of the Merchant Shipping Act 1894 (which relates to the limitation of shipowner’s liability in certain cases of loss of life, injury or damage) but the limitation of the owner’s liability imposed by that section shall apply to the amount recoverable by way of indemnity under section 20 (relating to remedies both against employer and stranger) as if the indemnity were damages for loss of life or personal injury;
section 174 (2) and (3) of the Merchant Shipping Act 1894 (which relate to the recovery of wages of seamen lost with their ship), shall apply as respects proceedings for the recovery of compensation by dependants of masters, seamen and apprentices lost with their ship as they apply with respect to proceedings for the recovery of wages due to seamen and apprentices; and proceedings for the recovery of compensation shall in such a case be maintainable if the application is made within six months of the date at which the ship is deemed to have been lost with all hands.
This Law shall also apply to any person not being a master, seaman or apprentice to the sea service, employed on board any such ship as is mentioned in this section, if he is so employed for the purposes of the ship or of any passengers, cargo or mails carried by the ship, and if he is otherwise a workman within the meaning of this Law.
Every claim or any matter arising out of proceedings thereunder in respect of an accident to any person specified in this section which occurred outside the territorial waters of the Islands shall be determined by the Court and sections 28 and 29, in relation to the procedure for making and dealing with applications, shall apply.

Cross References