
When you are injured aboard a vessel or in the service of the vessel, one of the most important considerations is whether or not you meet what is called the "Seaman Status test."
Seaman status is the judicially created test (as opposed to created by a statute) used to determine whether a worker is a seaman. And, importantly, whether you, the injured worker, are entitled to powerful seaman rights and remedies.
Ultimately you and your lawyer will have to bring forth evidence satisfying the elements governing seaman status. The inquiry into seaman status is highly fact specific. Of course, it is critical to understand the legal elements governing seaman status.
Ignore Seaman status and you and your lawyer may well have lost your case long before the employer's summary judgment motion is filed. Steering clear of these treacherous and shallow Seaman Status shoals, however, will depend on you and your attorney's ability to favorably marshal the legally operative facts.
Seaman Status in the Ninth Circuit
The following is the current seaman status test as directed by the U.S. Supreme Court and followed by the Ninth Circuit:
To prove that you are a "seaman," you, the injured worker, must show by a preponderance of the evidence:
Gizoni v. Southwest Marine, Inc. (Gizoni II), (9th Cir. 1995) 56 F.3d 1138, 1141-1142; McDermott International, Inc. v. Wilander, (1991) 498 U.S. 337, 111; Chandris, Inc. v. Latsis (1995) 515 U.S. 347, 368; see also Delange v. Dutra Constr., Co., Inc., (9th Cir. 1999) 183 F.3d 916, 919.
What is a Jones Act case?
The Jones Act
Who is a Jones Act Seaman? (Seaman Status)
What is Jones Act Maintenance and Cure?
What is Maintenance under the Jones Act?
What is negligence under the Jones Act?
What do you have to prove in a Jones Act negligence claim?
What is unseaworthiness?
How does the law define unseaworthiness?
How do I prove the vessel was unseaworthy?
If you are a seriously injured Jones Act Seaman, how are you going to support your family?
Some Jones Act “truths”
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