Seaman status in United States admiralty law
Encyclopedia
The status of a seaman
in admiralty law
provides maritime
workers with protections such as payment of wage
s, working conditions
, and remedies for workplace injuries
under the Merchant Marine Act of 1920 (Jones Act), and the doctrines of "unseaworthiness
," and "maintenance and cure." Each of these remedies have the same criteria for the status of "seaman." Having the status of "seaman" provides maritime
employees with benefits that are not available to those without the status. However, the determination of who is a "seaman" is complex.
notably tried to summarize the remedies available to those with the status in 'The Osceola', 189 U.S. 158 (1903).
The court codified the maintenance and cure and unseaworthiness remedies, but their ruling on remedies involving negligence
did not go over well with Congress
. The court stated that seamen cannot recover for injuries caused by the negligence of another crewmember and that they are "not allowed to recover an indemnity
for the negligence of the master, or any member of the crew."
(Seamen's Act) was in response to the ruling in The Osceola. It attempted to create a negligence action for seamen. §20 of the 1915 Act provided: "That in any suit to recover damages
for any injury sustained on board vessel or in its service seamen having command shall not be held to be fellow-servants with those under their authority."
In 1920, Congress passed the Jones Act, which provides a cause of action
in negligence for "any seaman" injured in "in the course of his employment." The Act was passed in part in response to the Supreme Court's prior ruling in Chelentis v. Luckenbach S.S. Co., that did not provide remedies for an injured fireman
because it was caused by a superior officer who was considered a member of the crew and not a fellow servant.
The Jones Act requires that those seeking remedies under the Act are "seaman," but does not define the term. U.S. courts have attempted to interpret the term in their rulings since the 1920 Act was passed. As Justice Sandra Day O'Connor
said in her McDermott International, Inc. v. Wilander opinion, "'seaman' is a maritime term of art." Wilander interprets Congress's use of the term to be the "established meaning" in general maritime law up to the passing of the Jones Act.
The use of the term prior to the Jones Act was extremely broad, including, "not only sailor
s and ship's officers
of all known types but also bartender
s, cabin boy
s, carpenters
, chambermaids
, clerk
s, cooks
, coopers
, diver
s, doctors
, dredge workers, engineers, firemen, fishermen
, harpoon
ers, horsemen, interpreters, masons
, muleteers, musician
s, pilots
, purser
s, radio
operators, seal hunters
, stewards
, surveyors
, and waiter
s."
U.S. courts, including the Supreme Court continued to interpret the seaman status liberally until International Stevedoring Co. v. Haverty,, when the court held that a stevedore
is a "seaman" under the Act. Justice Oliver Wendell Holmes, Jr.
recognized that "as the word is commonly used, stevedores are not 'seamen.'" "But words are flexible... We cannot believe that Congress willingly would have allowed the protection to men engaged upon the same maritime duties to vary with the accident of their being employed by a stevedore rather than by the ship." Justice Holmes quickly found out that he was incorrect in his assumption that Congress wanted to make the term even broader. Within a year, Congress responded to the Haverty ruling by enacting the Longshore and Harbor Workers' Compensation Act (LHWCA) , “to restrict maritime workers other than 'masters or members of a crew of any vessel' to a workers' compensation
remedy against their employers.”
Swanson v. Marra Brothers, Inc., made it clear that the LHWCA provides relief for land workers and the Jones Act provides relief for "master or member of a crew of any vessel."
The Robinson test was to see if, "a seaman contributed to the function of the vessel or to the accomplishment of its mission." The test from Johnson v. John F. Beasley Const was whether the employee made "a significant contribution to the maintenance, operation, or welfare of the transportation function of the vessel."
In Wilander, O'Connor determined that at the time the Jones Act was passed, "it was only necessary that a person be employed on board a vessel in furtherance of its purpose," and that, "the Jones Act established no requirement that a seaman aid in navigation."
and here laid out two elements necessary to qualify as a seaman under the Jones Act: "The worker's duties must contribute to the function of the vessel or to the accomplishment of its mission, and the worker must have a connection to a vessel in navigation
(or an identifiable fleet of vessels) that is substantial in terms of both its duration and its nature."
s and come up with a general rule.
To qualify as a seaman, a maritime employee must be a sea-based employee and a “master or a member of a vessel’s crew” who makes some contribution to the ship’s work. It is not necessary for the employee to assist in the navigation or transportation of the vessel, but the employee “must have a connection to a vessel in navigation (or to an identifiable fleet of such vessels) that is substantial in terms of both its duration and its nature.”
However, according to 46 U.S.C.S. 10101(3), a seaman is an individual (except scientific personnel, sailing school instructors, or sailing school students) engaged or employed in any capacity on board a vessel.
Sailor
A sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
in admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
provides maritime
Sea
A sea generally refers to a large body of salt water, but the term is used in other contexts as well. Most commonly, it means a large expanse of saline water connected with an ocean, and is commonly used as a synonym for ocean...
workers with protections such as payment of wage
Wage
A wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
s, working conditions
Occupational safety and health
Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment...
, and remedies for workplace injuries
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
under the Merchant Marine Act of 1920 (Jones Act), and the doctrines of "unseaworthiness
Seakeeping
Seakeeping ability is a measure of how well-suited a watercraft is to conditions when underway. A ship or boat which has good seakeeping ability is said to be very seaworthy and is able to operate effectively even in high sea states....
," and "maintenance and cure." Each of these remedies have the same criteria for the status of "seaman." Having the status of "seaman" provides maritime
Sea
A sea generally refers to a large body of salt water, but the term is used in other contexts as well. Most commonly, it means a large expanse of saline water connected with an ocean, and is commonly used as a synonym for ocean...
employees with benefits that are not available to those without the status. However, the determination of who is a "seaman" is complex.
History
The term "seaman" has been used in admiralty law for centuries. U.S. courts have continued to narrow the definition of the term and the remedies available to those with the status through their rulings over that time. The Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
notably tried to summarize the remedies available to those with the status in 'The Osceola', 189 U.S. 158 (1903).
The court codified the maintenance and cure and unseaworthiness remedies, but their ruling on remedies involving negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
did not go over well with Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. The court stated that seamen cannot recover for injuries caused by the negligence of another crewmember and that they are "not allowed to recover an indemnity
Indemnity
An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B. The indemnitor may or may not be responsible for the loss suffered by the indemnitee...
for the negligence of the master, or any member of the crew."
Seamen's Act and Jones Act
The Merchant Marine Act of 1915Seamen's Act
The Seamen's Act, formally known as Act to Promote the Welfare of American Seamen in the Merchant Marine of the United States was designed to improve the safety and security of United States seamen....
(Seamen's Act) was in response to the ruling in The Osceola. It attempted to create a negligence action for seamen. §20 of the 1915 Act provided: "That in any suit to recover damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
for any injury sustained on board vessel or in its service seamen having command shall not be held to be fellow-servants with those under their authority."
In 1920, Congress passed the Jones Act, which provides a cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
in negligence for "any seaman" injured in "in the course of his employment." The Act was passed in part in response to the Supreme Court's prior ruling in Chelentis v. Luckenbach S.S. Co., that did not provide remedies for an injured fireman
Fireman
Fireman may refer to::* Firefighter, person who extinguishes fires and rescues people from harms way.* Fire Safety Officer, a senior ranking firefighter or Fire Safety Inspector in the UK...
because it was caused by a superior officer who was considered a member of the crew and not a fellow servant.
The Jones Act requires that those seeking remedies under the Act are "seaman," but does not define the term. U.S. courts have attempted to interpret the term in their rulings since the 1920 Act was passed. As Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
said in her McDermott International, Inc. v. Wilander opinion, "'seaman' is a maritime term of art." Wilander interprets Congress's use of the term to be the "established meaning" in general maritime law up to the passing of the Jones Act.
The use of the term prior to the Jones Act was extremely broad, including, "not only sailor
Sailor
A sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
s and ship's officers
Licensed mariner
A licensed mariner is a person who holds a license issued by one or more countries to hold senior positions aboard ships, boats, and similar vessels. The United States Coast Guard grants licenses to members of the United States Merchant Marine in five categories: deck officers, engineers, staff...
of all known types but also bartender
Bartender
A bartender is a person who serves beverages behind a counter in a bar, pub, tavern, or similar establishment. A bartender, in short, "tends the bar". The term barkeeper may carry a connotation of being the bar's owner...
s, cabin boy
Cabin boy
A Cabin boy or ship's boy is a boy who waits on the officers and passengers of a ship, especially running errands for the captain....
s, carpenters
Carpentry
A carpenter is a skilled craftsperson who works with timber to construct, install and maintain buildings, furniture, and other objects. The work, known as carpentry, may involve manual labor and work outdoors....
, chambermaids
Maid
A maidservant or in current usage housemaid or maid is a female employed in domestic service.-Description:Once part of an elaborate hierarchy in great houses, today a single maid may be the only domestic worker that upper and even middle-income households can afford, as was historically the case...
, clerk
Clerk
Clerk, the vocational title, commonly refers to a white-collar worker who conducts general office or, in some instances, sales tasks. It is also occasionally used to refer to third-year medical students completing a medical clerkship. The responsibilities of clerical workers commonly include record...
s, cooks
Cook (profession)
A cook is a person who prepares food for consumption. In Germany, Austria, Switzerland and Canada this profession requires government approval ....
, coopers
Cooper (profession)
Traditionally, a cooper is someone who makes wooden staved vessels of a conical form, of greater length than breadth, bound together with hoops and possessing flat ends or heads...
, diver
Diver
Diver or divers can refer to:*Diving, the sport of performing acrobatics while jumping or falling into water**:Category:Divers*Underwater diving**:Category:Underwater divers**Scuba diving, in which a diver uses a scuba set to breathe underwater...
s, doctors
Ship's doctor
A Ship's doctor or Ship's surgeon is the person responsible for the health of the people aboard a ship whilst at sea. The term "ship's doctor" or "ship's surgeon" appears often in reference to the Age of Sail British Royal Navy's "surgeons." These men, like other physicians, often did not have much...
, dredge workers, engineers, firemen, fishermen
Fisherman
A fisherman or fisher is someone who captures fish and other animals from a body of water, or gathers shellfish. Worldwide, there are about 38 million commercial and subsistence fishermen and fish farmers. The term can also be applied to recreational fishermen and may be used to describe both men...
, harpoon
Harpoon
A harpoon is a long spear-like instrument used in fishing to catch fish or large marine mammals such as whales. It accomplishes this task by impaling the target animal, allowing the fishermen to use a rope or chain attached to the butt of the projectile to catch the animal...
ers, horsemen, interpreters, masons
Masonry
Masonry is the building of structures from individual units laid in and bound together by mortar; the term masonry can also refer to the units themselves. The common materials of masonry construction are brick, stone, marble, granite, travertine, limestone; concrete block, glass block, stucco, and...
, muleteers, musician
Musician
A musician is an artist who plays a musical instrument. It may or may not be the person's profession. Musicians can be classified by their roles in performing music and writing music.Also....* A person who makes music a profession....
s, pilots
Maritime pilot
A pilot is a mariner who guides ships through dangerous or congested waters, such as harbours or river mouths. With the exception of the Panama Canal, the pilot is only an advisor, as the captain remains in legal, overriding command of the vessel....
, purser
Purser
The purser joined the warrant officer ranks of the Royal Navy in the early fourteenth century and existed as a Naval rank until 1852. The development of the warrant officer system began in 1040 when five English ports began furnishing warships to King Edward the Confessor in exchange for certain...
s, radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
operators, seal hunters
Seal hunting
Seal hunting, or sealing, is the personal or commercial hunting of seals. The hunt is currently practiced in five countries: Canada, where most of the world's seal hunting takes place, Namibia, the Danish region of Greenland, Norway and Russia...
, stewards
Steward's Assistant
A steward's assistant is an unlicensed, entry-level crewmember in the Steward's department of a merchant ship. This position can also be referred to as steward , galley utilityman, messman, supply or waiter.The role of the SA consists mainly of stocking, cleaning and assisting with the...
, surveyors
Marine surveyor
A Marine Surveyor is a person who conducts inspections, surveys or examinations of marine vessels to assess, monitor and report on their condition and the products on them. Marine Surveyors also inspect equipment intended for new or existing vessels to ensure compliance with various standards or...
, and waiter
Waiter
Waiting staff, wait staff, or waitstaff are those who work at a restaurant or a bar attending customers — supplying them with food and drink as requested. Traditionally, a male waiting tables is called a "waiter" and a female a "waitress" with the gender-neutral version being a "server"...
s."
U.S. courts, including the Supreme Court continued to interpret the seaman status liberally until International Stevedoring Co. v. Haverty,, when the court held that a stevedore
Stevedore
Stevedore, dockworker, docker, dock labourer, wharfie and longshoreman can have various waterfront-related meanings concerning loading and unloading ships, according to place and country....
is a "seaman" under the Act. Justice Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
recognized that "as the word is commonly used, stevedores are not 'seamen.'" "But words are flexible... We cannot believe that Congress willingly would have allowed the protection to men engaged upon the same maritime duties to vary with the accident of their being employed by a stevedore rather than by the ship." Justice Holmes quickly found out that he was incorrect in his assumption that Congress wanted to make the term even broader. Within a year, Congress responded to the Haverty ruling by enacting the Longshore and Harbor Workers' Compensation Act (LHWCA) , “to restrict maritime workers other than 'masters or members of a crew of any vessel' to a workers' compensation
Workers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
remedy against their employers.”
Swanson v. Marra Brothers, Inc., made it clear that the LHWCA provides relief for land workers and the Jones Act provides relief for "master or member of a crew of any vessel."
Wilander
Prior to Wilander, the U.S. courts often followed one of two tests to see if a maritime worker was eligible for the status of "seaman."The Robinson test was to see if, "a seaman contributed to the function of the vessel or to the accomplishment of its mission." The test from Johnson v. John F. Beasley Const was whether the employee made "a significant contribution to the maintenance, operation, or welfare of the transportation function of the vessel."
In Wilander, O'Connor determined that at the time the Jones Act was passed, "it was only necessary that a person be employed on board a vessel in furtherance of its purpose," and that, "the Jones Act established no requirement that a seaman aid in navigation."
Chandris, Inc. v. Latsis
In 1995, the Supreme Court was again faced with the question of who qualifies for "seaman" status. In Chandris, Inc. v. Latsis, O'Connor again wrote the majority opinionMajority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
and here laid out two elements necessary to qualify as a seaman under the Jones Act: "The worker's duties must contribute to the function of the vessel or to the accomplishment of its mission, and the worker must have a connection to a vessel in navigation
Navigation
Navigation is the process of monitoring and controlling the movement of a craft or vehicle from one place to another. It is also the term of art used for the specialized knowledge used by navigators to perform navigation tasks...
(or an identifiable fleet of vessels) that is substantial in terms of both its duration and its nature."
Who is a seaman?
Because “seaman” is not defined in the statutes providing them with these special protections, it is necessary to analyze the case law interpreting the statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s and come up with a general rule.
To qualify as a seaman, a maritime employee must be a sea-based employee and a “master or a member of a vessel’s crew” who makes some contribution to the ship’s work. It is not necessary for the employee to assist in the navigation or transportation of the vessel, but the employee “must have a connection to a vessel in navigation (or to an identifiable fleet of such vessels) that is substantial in terms of both its duration and its nature.”
However, according to 46 U.S.C.S. 10101(3), a seaman is an individual (except scientific personnel, sailing school instructors, or sailing school students) engaged or employed in any capacity on board a vessel.