Chapter X. Compensations for Accidents
(Compensation for Medical Treatment)
Article 89. When a mariner has sustained an injury or contracted a sickness in the performance of his duties, the shipowner shall grant him medical benefits at the shipowner's expense or pay him the cost of necessary medical treatment until he has completely recovered from such injury or sickness.
When a mariner has, during the term of his engagement, sustained an injury or contracted a sickness without relation to the performance of his duties, the shipowner shall grant him medical benefits at the ship-owner's expense or pay him the cost of necessary medical treatment for a period not exceeding three months, except in cases where such injury or sickness is due to a wilful act or gross default on the part of the mariner.
Article 90. The medical benefits or treatment provided for in the preceding Article shall include each of the following items:
2. Supply of drugs, medicines or medical appliances;
3. Surgical treatments, operations or other remedies;
4. Admission to hospitals or clinics or other places outside mariners'homes necessary for medical treatments (including supply of food)
(Injury or Sickness Allowances and Convalescence Allowances)
Article 91. When a mariner has sustained an injury or contracted a sickness in the performance of his duties, the shipowner shall pay him once a month, an injury or sickness allowance equivalent to the monthly amount of the remuneration provided for in Ordinance (hereinafter to be called the standard remuneration) for a period not exceeding four months and until the mariner has completely recovered from such injury or sickness. In cases where the mariner has not completely recovered from such injury or sickness even after the lapse of the four months, the shipowner shall pay him, once a month, an injury or sickness allowance equivalent to sixty percentum of the monthly standard remuneration until he has completely recovered.
The shipowner shall, immediately after the mariner has completely recovered from the injury or sickness provided for in the preceding paragraph, pay him a convalescence allowance equivalent to sixty per centum of the monthly standard remuneration.
The provisions of the two preceding paragraphs shall not apply in cases where the injury or sickness is due to a wilful act or gross default on the part of the mariner.
(Accident Allowances)
Article 92. If, in cases where a mariner has completely recovered from injury or sickness which he sustained or contracted in the performance of his duties, he is still in a state of physical breakdown, the shipowner shall, immediately after the recovery, pay him an accident allowance equal to the monthly standard remuneration multiplied by the number of months mentioned in the Appended List according to the degree of the breakdown. The same shall not, however, apply in cases where the injury or sickness is due to a wilful act or gross default on the part of the mariner.
(Bereavement Allowances)
Article 93. When a mariner has died in the performance of his duties, the shipowner shall without delay pay a bereavement allowance equivalent to the monthly standard remuneration multiplied by thirty-six to the members of the bereaved family provided for by Ordinance. The same shall apply in cases where a mariner has died from injury or sickness which he sustained or contracted in the performance of his duties.
(Funeral Expenses)
Article 94. When a mariner has died in the performance of his duties, the shipowner shall without delay pay a funeral expense equivalent to the monthly standard remuneration multiplied by two to a member of the bereaved family, provided for by Ordinance, who holds the funeral services. The same shall apply in cases where a mariner has died from injury or sickness which he sustained or contracted in the performance of his duties.
(Relations to Other Benefits)
Article 95. If a person who is entitled, under the provisions of Articles 89 to the preceding Article inclusive, to receive medical benefits or expenses of mediccal treatments, allowances or funeral expenses (hereinafter to be collectively called the compensations for accidents), has come to receive, for the same cause whereby he is entitled to receive such compensations for accidents, the insurance benefits provided for in the Mariner's Insurance Law or such benefits corresponding to the compensations for accidents as are provided for by Ordinance, the shipowner shall be relieved of his liability for such compensations for accidents.
(Examination and Arbitration)
Article 96. When a person is dissatisfied with the ascertainment of injury, sickness or death caused by the performance of duties, with the method of medical benefits or treatments, with the decision of making compensatins for accidents or with any other way of making compensations for accidents, he may call upon competent authorities for an examination or arbitration in the matter.
The competent authorities may, if they deem it necessary, exercise their authority in examining or arbitrating in the matter.
The competent authorities shall not either examine or arbitrate the matter without giving a hearing to the master or to other persons concerned.
The competent authorities may, if they deem it necessary for examination and arbitration in the matter, cause a doctor to conduct a medical examination or an autopsy.
The call for the examination or the arbitration in the matter mentioned in Paragraph 1 and the commencement of the examination or the arbitration in the matter mentioned in Paragraph 2 shall be regarded as a demand by way of judicial proceedings, in respect of the interruption of prescription.