Ensuring Crew Health and Safety: Understanding Your Rights and Employer Responsibilities

Tankiti Jumpakag

September 23,2024

Crew Illness: Rights and Protections You Should Know

When it comes to crew illness during work on board, understanding the rights and legal protections is important for crew members, especially when illness occurs during a contract. Regulations related to crew protection, such as the Maritime Labour Convention (MLC), require the employer to take responsibility in many areas to ensure the safety and health of the crew.


Crew Rights When Illness Occurs

According to the Maritime Labour Convention (MLC) Standard A4.2, Section C

“Shipowners shall be liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character.”

The employer is responsible for managing and covering all expenses arising from the medical treatment of the crew, whether the crew is treated on board or in a hospital onshore. The company must bear the cost of treatment until the crew recovers and can return to work normally.


Treatment After Returning Home

Many crew members are unaware that the protection of the MLC Convention remains in effect even after the crew is sent home for treatment. The company must cover medical expenses until the crew member fully recovers. Often, crew members mistakenly believe that after being sent home, the company no longer bears responsibility for their treatment, leading them to bear the costs themselves, which is a misconception.

Wages During Medical Treatment

In addition to medical expenses, the company must pay part of the wages to the crew who fall ill during the contract until the crew recovers or for a maximum of 16 weeks (approximately 3 months), according to MLC Standard A4.2, Section 4.

“National laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a seafarer no longer on board to a period which shall not be less than 16 weeks from the day of the injury or the commencement of the sickness.”

It may only include basic salary without overtime, which is something crew members should be aware of.


Common Problems for Thai Crew Members

For Thai crew members, a common issue arises when they are sent home after falling ill on board. They often believe this marks the end of their contract, leading them to cover their medical costs themselves and forgo additional wages. In reality, the company is still responsible for both the medical costs and partial wages until the crew member fully recovers. Therefore, understanding their rights is important to prevent misunderstandings and ensure they receive the benefits they are entitled to.


Conclusion

Crew illness during a contract is an issue that employers must take seriously, as per regulations and laws. Crew members should understand their rights in the event of illness, including protection under the Maritime Labour Convention, to ensure the company is responsible for medical expenses and partial wages until full recovery.