Who is a seaman?

The rights and remedies available to an employee against his employer and the vessel on which the employee is working are determined by the employee’s "status." The employee’s status may be (1) seaman, (2) a nonseaman maritime worker, or (3) a nonmaritime worker. Two of the seaman’s major claims-negligence against the employer and unseaworthiness against the vessel-are governed by tort principles. The other major claim, maintenance and cure, is similar to worker’s compensation but is governed not by statute, but by judicially developed principles of maritime law.

The same three requirements for seaman status must be met for eligibility for maintenance, cure and wages as eligibility for Jones Act remedies: (1) the vessel must be "in navigation;"(2) the person has an employment connection to the vessel that is substantial both in terms of duration and its nature; and (3) his employment contributes to the work of the vessel. A seaman is a worker on a vessel who is exposed to the perils of the sea as an incident to employment. Sometimes, workers who sail the high seas are referred to as "blue water" seaman and those who work on waters other than the high seas (like the Intracoastal Waterway), especially those who work in the oil and gas production business, are called "brown water" seaman.

Because seaman status requires an employment-related connection to a vessel, a worker may not attain seaman status by performing work on a fixed platform, or in a helicopter, or on a vessel under construction in the shipyard. The general rule of thumb is that a worker must spend at least 30% of his time aboard a vessel in navigation. Seaman status is normally a mixed question of law and fact for the jury.

Contact Brownsville maritime lawyer Scott Nelson if you are injured in a boating accident.  Our firm represents maritime and admiralty clients in Corpus Christi, Houston, Galveston, and throughout Texas.