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

• Cite as: 46 U.S.C. § 30104

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.

Cite as 46 U.S.C. § 30104

Source: <actcitation href="" statecd="US" sessionyear="2006" actaltid="109-304" description="To complete the codification of title 46, United States Code, "Shipping", as positive law">Pub. L. 109-304</actcitation>, §6(c), Oct. 6, 2006, 120 Stat. 1510; Pub. L. 110-181, div. C, title XXXV, §3521(a), Jan. 28, 2008, 122 Stat. 596.</note></notes-src>

current through 5/30/2021

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.