Merchant Seamen Compensation Act

Marginal note:Seaman entitled to medical aid, etc.

• 46 (1) Every seaman entitled to compensation under this Act is entitled to such medical, surgical and dental aid, and hospital and skilled nursing services as may be necessary as a result of the injury, and is entitled to such artificial member or members and apparatus and dental appliances and apparatus as may be necessary as a result of the injury and to have the same kept in repair or replaced when deemed necessary.

• Marginal note:Responsibility of employer

  (2) The medical aid to which a seaman is entitled under subsection (1) shall be furnished and paid for by the employer of that seaman.

• Marginal note:Question of necessity

  (3) Any question as to the necessity, character and sufficiency of any medical aid furnished or to be furnished may be referred to the Minister for a decision.

• Marginal note:Fees or charges

  (4) The fees or charges for the medical aid under subsection (1) shall not be more than would be properly and reasonably charged to a seaman if that seaman were paying the bill, but shall not, in any case where the seaman is furnished with medical aid in Canada, exceed the fees or charges that would be paid in similar circumstances by the workers’ compensation board of the province in which the medical aid was furnished.

• Marginal note:Transportation to hospital

  (5) Every employer shall at his own expense furnish any seaman injured in his employment, who is in need of it, with immediate conveyance and transportation to a hospital, a physician or the seaman’s home within a reasonable limit.