46 U.S.C. § 30104 Personal Injury to Or Death of Seamen

LibraryUnited States Statutes
CurrencyCurrent through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
Citation46 U.S.C. § 30104

(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.


(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.

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>30104(a)</TD> <TD>46 App.:688(a) (1st sentence).</TD> <TD>Mar. 4, 1915, ch. 153, §20(a), 38 Stat. 1185; June 5, 1920, ch. 250, §33, 41 Stat. 1007; Pub. L. 97-389, title V, §503(a)(1), Dec. 29, 1982, 96 Stat. 1955.</TD> </TR> <TR> <TD>30104(b)</TD> <TD>46 App.:688(a) (last sentence).</TD> <TD/> </TR> </TABLE>

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