by James E. Mercante, Esq.
Admiralty Law: What’s A Seaman?
Admiralty terms are unique. And, while a an accident. Rather, the total circumstances master’s employment aboard a vessel or
doctor’s writing may be difficult to of an individual’s employment must be group of vessels (in a fleet) is substantial in
understand, admiralty’s language can be evaluated, including the duration of the terms of duration and nature. Indeed, you
just as tricky to navigate. Here we are in the worker’s connection to a vessel and the can be a “captain” and a “seaman” at the
21st century, and the U.S. Supreme Court nature of the worker’s activities. Another same time. Thus, the captain, mate and
recently re-visited the definition of vessel in inquiry is whether or not the worker is a deckhands of a commercial fishing vessel
relation to a maritime dispute. Just last member of the vessel’s crew. could qualify as Jones Act seamen vis-à-vis
month, a reader of the Sea Trials column Seaman Status Test his or her employer.
sent me an email asking what the term What about the captain hired to deliver a
seaman means in maritime law. To assist lower courts in determining
seaman status, the U.S. Supreme Court as vessel from one place to another (the
Believe it or not, the issue of seaman status recent as 1995 (Chandris, Inc. v. Latsis) delivery captain)? Although the delivery
is frequently litigated. This is because, developed a two part test: captain is paid for the service and thus
under maritime law, the types of remedies “employed” by the vessel owner or even a
available and elements of damages 1. The worker’s duty must contribute to dealer, he or she unlikely would qualify
recoverable may depend upon whether one the functioning of the vessel or the under the second prong of the Jones Act
is or is not a “seaman.” Plaintiffs with accomplishment of its mission; and seaman status test.
bodily injuries like to be cloaked with 2. A seaman must have a connection to a A ship’s pilot, a professional seafarer,
“seaman” status for expanded remedies vessel in navigation (or to an identifiable performs traditional duties in navigating
against the vessel owner/employer. group of vessels) that is substantial in vessels but may not qualify as a Jones Act
A seaman, according to a dictionary terms of both its duration and nature. seaman. Courts have ruled inconsistently
definition, is a person skilled in seamanship A good legal definition is contained in the on this issue. While the pilot’s duty
or a person whose trade or occupation is Marine Affairs Dictionary: Terms, Concepts, certainly contributes to the functioning of
assisting in the handling, sailing, and Laws, Court Cases and International the vessel piloted or the accomplishment of
navigating of a ship during a voyage, Conventions and Agreements, written by its mission (first prong), the pilot goes from
especially one below the rank of officer. Research Professor Niels West of the ship to ship, navigating for a defined route
However, it is not so simple in admiralty University of Rhode Island’s Department of and then disembarks, thus may not satisfy
parlance. Maritime law relating to liability Marine Affairs: the substantial connection test (second
for death or injury to seamen has evolved “Able-bodied seaman (AB): In legal terms, a prong). There is also the issue as to
from ancient maritime codes. Coupled with ‘seaman’ contributes to the mission of a whether or not a pilot is “employed” by the
U.S. legislation and case law, unique tests vessel toward which s/he has an vessel owner because the Jones Act remedy
of eligibility for seaman status have employment relationship.” is only against the seaman’s employer.
developed. Other workers assigned aboard vessels to
If a worker becomes ill or injured while
Jones Act Seamen performing work aboard a vessel but cannot perform their duties can qualify as Jones
In admiralty, the “Jones Act” (46 United satisfy the Supreme Court’s two-pronged Act seamen, such as bay constables, marine
States Code § 30104) provides a cause of test, he or she will not be deemed a Jones police, towing captains, charter captains
action in negligence for any seaman injured Act seaman and in the alternative, will only and crew, officers and crew of head boats,
or killed in the course of his employment. be entitled to general maritime law “tort” or casino vessels, etc.
The cause of action is against the seaman’s other remedies. A tort remedy under the Conclusion
employer and the remedies include general maritime law is not as liberal as You may be a “Jones Act seaman” and never
maintenance (daily food and lodging seaman’s remedies. For example, for an know it. However, you may never want to
expense), cure (medical expenses), injury to a Jones Act seaman, a vessel be in a position to invoke that protected
unearned wages, and damages resulting owner/employer is liable even without fault status—because that would mean you were
from the unseaworthiness of the vessel. (called “strict liability”) for maintenance, injured…or worse.
Only a Jones Act seaman and/or member of cure and unearned wages.
the vessel’s crew is entitled to sue for James E. Mercante,
Examples admiralty partner with
damages under a warranty of
So, to bring the issue closer to home, is Rubin, Fiorella & Friedman LLP, and
seaworthiness—not a guest or a passenger.
anyone around here a Jones Act seaman? A Commissioner on the Board of Commissioners of
Although the term seaman is not defined in passenger or guest aboard your vessel is Pilots of the State of New York.
the Jones Act statute, a definition has not, because there is neither an jmercante@rubinfiorella.com
developed over decades of disputes in the employment relationship nor a substantial
courts. Even the United States Supreme connection to your vessel. Your guest may The information in this article must not be construed as legal
Court has often weighed-in on the issue. be a tanker captain but will not even be a advice and laws may vary from jurisdiction to jurisdiction.
Seaman status is not dependant upon the seaman on your boat! Is the captain of a This article originally appeared in Long Island Boating World
activities of the employee at the moment of vessel a Jones Act seaman? Yes, if the
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