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46 U.S.C. § 30104 — Personal injury to or death of seamen
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 46, Chapter 301, § 30104; chapter-301-general-liability-provisions.md
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**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disability or death; injuries occurring upon navigable waters of United States** Except as otherwise provided in this section, compensation shall be payable under this chapter in respect of disability or death of an employee, but only if the disability or death results from an injury occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel).
**(b) Governmental officers and employees** No compensation shall be payable in respect of the disability or death of an officer or employee of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof.
**(c) Intoxication; willful intention to kill** No compensation shall be payable if the injury was occasioned solely by the intoxication of the employee or by the willful intention of the employee to injure or kill himself or another.
**(d) Small vessels**
(1) No compensation shall be payable to an employee employed at a facility of an employer if, as certified by the Secretary, the facility is engaged in the business of building, repairing, or dismantling exclusively small vessels (as defined in paragraph (3) of this subsection), unless the injury occurs while upon the navigable waters of the United States or while upon any adjoining pier, wharf, dock, facility over land for launching vessels, or facility over land for hauling, lifting, or drydocking vessels.
(2) Notwithstanding paragraph (1), compensation shall be payable to an employee—
(A) who is employed at a facility which is used in the business of building, repairing, or dismantling small vessels if such
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 903
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Federal law — U.S. Code and appendices · legal_authorities
Page 254
TITLE 46—SHIPPING
§ 30102
In subsection (c)(1), the words ‘‘for all causes of ac-
tion arising after June 19, 1948, and for all causes of ac-
tion where suit has not been hitherto filed under the
Federal Tort Claims Act’’ are omitted as obsolete.
Editorial Notes
PRIOR PROVISIONS
A prior section 30101, Pub. L. 100–710, title I, § 102(c),
Nov. 23, 1988, 102 Stat. 4738, provided definitions for pur-
poses of this subtitle, prior to repeal by Pub. L. 109–304,
§ 6(b), Oct. 6, 2006, 120 Stat. 1509.
SHORT TITLE
This section is popularly known as the Admiralty Ex-
tension Act.
§ 30102. Liability to passengers
(a) LIABILITY.—The owner and master of a ves-
sel, and the vessel, are liable for personal injury
to a passenger or damage to a passenger’s bag-
gage caused by—
(1) a neglect or failure to comply with part
B or F of subtitle II of this title; or
(2) a known defect in the steaming apparatus
or hull of the vessel.
(b) NOT SUBJECT
TO LIMITATION.—A liability
imposed under this section is not subject to lim-
itation under chapter 305 of this title.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30102 ..........
46 App.:491 (words
before semicolon).
R.S.
§ 4493
(words
before
semicolon).
In subsection (a), before paragraph (1), the words ‘‘or
either of them’’ are omitted as unnecessary. The words
‘‘are liable for personal injury to a passenger or damage
to a passenger’s baggage’’ are substituted for ‘‘When-
ever damage is sustained by any passenger or his bag-
gage’’ and ‘‘shall be liable to each and every person so
injured’’ for clarity and to eliminate unnecessary
words. The words ‘‘from explosion, fire, collision, or
other cause’’ are o
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 30104
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