Merchant Seamen Compensation Act

Marginal note:Where entitled to action against other person

• 24 (1) Where an accident happens to a seaman arising out of and in the course of his employment under such circumstances as entitled him or his dependants to an action against a person other than his co-employees, his employer, the servants or mandataries of his employer, the seaman or his dependants if entitled to compensation under this Act may claim compensation or may bring an action.

• Marginal note:Where smaller amount collected

  (2) Where an action is brought and less is recovered and collected than the amount of the compensation to which a seaman or his dependants are entitled under this Act, the difference between the amount recovered and collected and the amount of the compensation shall be payable as compensation to the seaman or his dependants.

• Marginal note:Employer subrogated

  (3) Where a seaman or his dependants elect to claim compensation under this Act, the employer is subrogated to the rights of the seaman or his dependants and may maintain an action in his or their names or in the name of the employer against the person against whom the action lies.

• Marginal note:Notice of election

  (4) Notice of the election referred to in subsection (3) shall be given to the employer 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:No right of action

  (5) No seaman entitled to compensation under this Act or the dependants of the seaman have a right of action against an employer who is subject to this Act.