s 36 Shipowner’s liability for wages following sickness or injury sustained by seafarer
36.—(1) Subject to section 38, this section applies in relation to a seafarer who experiences sickness or injury which —(a) first occurs during a period starting on the date on which the seafarer’s employment agreement of that seafarer commences and ending on the date on which the shipowner’s duty to repatriate that seafarer under section 23 ends, or if there is no such duty, the date on which the seafarer’s employment agreement ends; or (b) first occurs subsequent to the period mentioned in paragraph (a) but is caused by circumstances or events arising during that period, and results in the seafarer’s incapacity for work. (2) If the seafarer does not receive the full wages payable under the seafarer’s employment agreement for the period starting on the date of the injury or the first day of the sickness mentioned in subsection (1) and ending on the date on which the seafarer is repatriated under section 23 or otherwise leaves the ship, the shipowner must pay to the seafarer the amount equal to the difference between —(a) any wages received by the seafarer for that period under that agreement; and (b) the full wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period. (3) Subject to subsection (4), if the seafarer remains incapacitated for work for the reason described in subsection (1) after being repatriated under section 23 or otherwise leaving the ship, and does not receive the full wages payable under the seafarer’s employment agreement for the period starting on the day after repatriation or departure from the ship and ending on the date on which the seafarer is again fit for work, the shipowner must pay to the seafarer the amount equal to the difference between —(a) any wages received by the seafarer for that period under that agreement; and (b) the full wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period. (4) The duty in subsection (3) ends on the expiry of the period of 16 weeks starting on the day following the date of the injury or the first day of the sickness mentioned in subsection (1). (5) The amounts payable to the seafarer under subsections (2) and (3) must be paid in the same manner and at the same frequency as wages payable under the seafarer’s employment agreement. (6) A seafarer may recover any amount of money due from the shipowner under subsection (2) or (3) as a civil debt. (7) A shipowner must take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning the property to the seafarers or to their next of kin.