46 U.S.C. § 30104 — Personal injury to or death of seamen
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 222 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.
For purposes of subsection (a), the term “seaman” does not include an individual who—
is an aquaculture worker if State* workers’ compensation is available to such individual; and
was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.
In this subsection, the term “aquaculture worker” means an individual who—
is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—
the cleaning, processing, or canning of fish and fish products;
the cultivation and harvesting of shellfish; and
the controlled growing and harvesting of other aquatic species;
does not hold a license issued under section 7101(c); and
is not required to hold a merchant mariner credential under part F of subtitle II.
Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510; Pub. L. 110–181, div. C, title XXXV, § 3521(a), Jan. 28, 2008, 122 Stat. 596; Pub. L. 117–263, div. K, title CXV, § 11520(a), Dec. 23, 2022, 136 Stat. 4142.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1510
- 2008Amended · Pub. L. 110-181 · 122 Stat. 596
- 2022Amended · Pub. L. 117-263 · 136 Stat. 4142
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case