§ 30104. Personal injury to or death of seamen

678 words·~3 min read·/usc/title-46/section-30104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In General.— 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.

(b)Limitation on Recovery by Aquaculture Workers.—

(1)In general.— For purposes of subsection (a), the term “seaman” does not include an individual who—

(A)is an aquaculture worker if State workers’ compensation is available to such individual; and

(B)was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

(2)Aquaculture worker defined.— In this subsection, the term “aquaculture worker” means an individual who—

(A)is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

(i)the cleaning, processing, or canning of fish and fish products;

(ii)the cultivation and harvesting of shellfish; and

(iii)the controlled growing and harvesting of other aquatic species;

(B)does not hold a license issued under section 7101(c); and

(C)is not required to hold a merchant mariner credential under part F of subtitle II.

(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.)

In subsection (a), the words “A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman” are substituted for “Any seaman who shall suffer personal injury in the course of his employment” and “in case of the death of any seaman as a result of any such personal injury the personal representative” to eliminate unnecessary words. The words “bring a civil action” are substituted for “maintain an action” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App.

U.S.C.). The words “for damages” are omitted as unnecessary. The words “against the employer” are added for clarity. The words “Laws of the United States regulating recovery for personal injury to, or death of, a railway employee” are substituted for “all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees” and “all statutes of the United States conferring or regulating the right of action for death in the case of railway employees” to eliminate unnecessary words.

In subsection (b), the words “An action under this section shall be brought” are substituted for “Jurisdiction in such actions shall be under” because 46 App. U.S.C. 688(a) (last sentence) provides for venue, not jurisdiction. Panama R.R. Co. v. Johnson, 264 U.S. 375 (1924). As to the relationship between 46 App. U.S.C. 688(a) (last sentence) and 28 U.S.C. 1391(c), see Pure Oil Co. v. Suarez, 384 U.S. 202 (1966).

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