Merchant Seamen

Are you a merchant seaman who has been injured on the job? Does your business hire merchant seamen? The Labour Program manages a federal program that can provide medical costs, rehabilitation and related expenses if a merchant seaman isn't otherwise covered by any other federal, provincial or territorial workers' compensation plan. If a work-related accident or illness results in death, the seaman's surviving dependants may also be entitled to compensation.

About the plan

The Merchant Seamen Compensation Act ensures that certain merchant seamen injured in work-related accidents can receive health benefits and medical compensation. The Act can also provide financial assistance for surviving dependants if a work-related injury results in the death of the seaman.

Whether the accident occurs in Canada or abroad, a seaman may receive compensation for expenses such as medical, surgical and dental aids, hospital stays and nursing services. If the workplace injury or illness leads to a permanent disability, the seamen could be entitled to disability payments based on a percentage of previous wages. In the case of death, the plan covers burial costs as well as ongoing payments to children, spouses or other dependants.

This Act applies only to those who aren't already covered by the Government Employees Compensation Act or any other provincial or territorial workers' compensation act. It is administered by Labour Program officials as delegated by the federal Minister of Labour. The Labour Program adjudicates claims but employers are ultimately responsible for paying all costs and administrative fees.

Your rights as an employee

As a merchant seaman covered by the Merchant Seamen Compensation Act, you have the right to:

• apply to receive compensation for employment-related injury or occupational disease
• receive compensation for loss of earnings and the cost of medical aid, including rehabilitative services, to help you get back to work and overcome limitations and/or restrictions related to your injury or occupational disease
• provide your recollection of how your accident happened
• contact the Labour Program if you wish to discuss a ruling

Employer responsibilities

You are responsible for providing your employees with a safe work environment and for dealing with workplace injuries and illnesses in a timely and organized way. You should send Labour Program officials a written accident report within 60 days of any work-related accident or injury. It should list all details of a workplace injury or illness requiring medical care.

The report should include the time and location of the incident, the name and address of the seaman, the location of the accident, medical aid received by the seaman and any other information requested by Labour Program officials.

You must buy insurance against the risk of workers' compensation claims. You are responsible for paying for any costs related to medical examinations or treatment, including transportation to hospitals, if required.

If the claim is approved, you must pay all compensation awarded by the Minister of Labour as well as administrative expenses.

Do you have other questions about workers' compensation? You can contact the Labour Program directly: