Merchant Seamen Compensation Act

Marginal note:When compensation not payable

• 25 (1) Subject to subsection (4), compensation shall not be payable unless

  • (a) notice of the accident is given as soon as practicable after it happens and before the seaman has voluntarily left the employment in which he was injured; and

  • (b) the claim for compensation is made within six months after the accident happens or, in case of death, within six months from the time of death.

• Marginal note:Contents of notice

  (2) The notice referred to in paragraph (1)(a) shall give the name and address of the seaman and is sufficient if it states in ordinary language the cause of the injury and where the accident happened.

• Marginal note:Service of notice

  (3) The notice referred to in paragraph (1)(a) may be served by delivering it at, or sending it by registered mail addressed to, the place of business or the residence of the employer, or where the employer is a body of persons, corporate or unincorporate, by delivering it, or sending it by registered mail, addressed to the employer, at the office of, or if there are more offices than one, at any of the offices of, that body of persons.

• Marginal note:Failure to give notice

  (4) Failure to give the prescribed notice or to make the claim referred to in subsection (1), or any defect or inaccuracy in a notice, does not bar the right to compensation if in the opinion of the Board the employer was not prejudiced thereby or it appears that the claim for compensation is a just one and ought to be allowed.