Merchant Seamen Compensation Act

Marginal note:Compensation under law of foreign country

• 6 (1) Where an accident happens in respect of which a seaman or his dependants are entitled to claim compensation under the law of any foreign country, they are bound to elect whether they will claim compensation under that law or under this Act, and to give notice of that election, and if an election is not made and notice not given it shall be presumed that they have elected not to claim compensation under this Act.

• Marginal note:Notice of election

  (2) Notice of an election under subsection (1) shall be given to the Board within three months after the happening of an accident or, where an accident results in death, within three months after the death or within such longer period as, either before or after the expiration of the three months, the Board may allow.

• Marginal note:Waiver of all claims

  (3) No compensation is payable in respect of any accident mentioned in subsection (1) unless the seaman or his dependants submit to the Board, in a form approved by the Board, a waiver of all claims for compensation under the foreign law referred to in that subsection.