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46 U.S.C. § 30104 - U.S. Code - Unannotated Title 46. Shipping § 30104. Personal injury to or death of seamen [Statutory Text & Notes of Decisions subdivisions I to III]

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - 46 U.S.C. § 30104 - U.S. Code - Unannotated Title 46. Shipping § 30104. Personal injury to or death of seamen [Statutory Text & Notes of Decisions subdivisions I to III] - last updated January 01, 2024 | https://codes.findlaw.com/us/title-46-shipping/46-usc-sect-30104/

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