46 U.S.C. § 30104 — Personal injury to or death of seamen

(a) In general. — A seaman injured in the course of employment, or the seaman’s personal representative if the seaman dies from the injury, may choose a civil action at law with a jury trial against the employer. U.S. laws governing recovery for injury to or death of a railway employee apply. (b) Limitation on aquaculture workers. — (1) For subsection (a), “seaman” does not include a person who (A) is an aquaculture worker when State^* workers’ compensation is available, and (B) was lawfully accessing a place where the person was engaged in aquaculture when injured. (2) “Aquaculture worker” means a person who (A) works for a commercial business involved in controlled cultivation and harvest of aquatic plants and animals, including (i) cleaning, processing, or canning fish and fish products; (ii) cultivating and harvesting shellfish; and (iii) controlled growing and harvesting of other aquatic species; (B) does not hold a license under section 7101(c); and (C) is not required to hold a merchant mariner credential under subtitle II, part F).