Before an injured seaman can receive any of the remedies
available to him, it must be determined that the injured person has seaman
status, i.e. he or she is, in fact, a
seaman. While there is no international definition of seaman, the meaning
incorporates historical principles and modern elements to be broadly referred
to as a maritime worker who works on a vessel who works on a vessel on
navigable waters, contributes to the functioning of the vessel and the
accomplishment of its mission and has a connection with the vessel.
“The key to seaman
status is employment-related connection to a vessel in navigation. An
employee’s duties must contribute to the function of the vessel or to the
accomplishment of its mission. It is important that a seaman aid in navigation
or contribute to the transportation of the vessel, but a seaman must be doing
the ship’s work.” The italicized
comments are taken from the Wilander case of the US
Supreme Court 1991.
As a result of this decision the test for seaman status is
composed of two parts:
1) The
worker must have an employment related connection to a vessel in navigation;
and
2) The
worker must contribute to the function of the vessel or to the accomplishment
of its mission.
IMPORTANT NOTE: The terms and descriptions of terms on this page or
these pages is not meant to replace or define any policy wording or term or the
limit or enhance any meaning of any term(s) or conditions of any policy of insurance.
These comments are just that, comments and nothing more. They are provided for
you to refer to, so you can ask your insurer for an exact meaning or
explanation of the coverage you own or are contemplating purchasing. All
policies are subject to exclusions and revisions of meanings of standard terms.
Your policy covers you, and you need to ask questions now- before any loss, to
understand what you have. We are not lawyers, and we do not provide legal
opinions. We are Insurance Brokers and we provide guidance and try and help you
understand coverages and coverage issues. READ YOUR
POLICY, a boring but informative task and ask questions. Use this document to
help you ask those questions and learn from your Agent or Broker. He or she is
there to help you, if they don’t do the job, find another one.