7.1 Seaman Status

Name: 7.1 Seaman Status
Brand: US Legal Forms
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Rating: 4.76 (240 reviews)

Category:

Federal - Jury Instructions - 9th Circuit - Civil

State:

Multi-State

Control #:

US-JURY-9THCIR-7-1

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 7.1 Seaman Status is an occupational classification and form of employment in the maritime industry. It refers to individuals who are employed as crew members aboard a maritime vessel. These individuals are responsible for the operation and maintenance of a ship and its cargo for a specific voyage or period of time. The type of seaman status of an individual is determined by the type of work they do, their level of responsibility, and the specific vessel they are working on. Types of 7.1 Seaman Status include Able Seaman, Ordinary Seaman, and Apprentice Seaman.

7.1 Seaman Status is an occupational classification and form of employment in the maritime industry. It refers to individuals who are employed as crew members aboard a maritime vessel. These individuals are responsible for the operation and maintenance of a ship and its cargo for a specific voyage or period of time. The type of seaman status of an individual is determined by the type of work they do, their level of responsibility, and the specific vessel they are working on. Types of 7.1 Seaman Status include Able Seaman, Ordinary Seaman, and Apprentice Seaman.

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The doctrine is rooted in the concept that the owner of a vessel has an absolute duty to provide seamen with a ship that is seaworthy. This means that the owner must keep the vessel in good working order and must update or replace any aspect of the ship that could cause injuries.

The Act enables seamen who have been injured at sea during the course of their employment to bring a personal injury action against their employers. Under the Jones Act, the plaintiff may bring an action in federal district court or in state court.

Legal Qualifications for Jones Act Compensation Per maritime law, a seaman is someone who has an employment-related connection with a specific ship or shipping company. He must spend at least 30% of his working time with that ship or fleet of ships.

In general, a key qualification to be considered a seaman is that the worker must spend at least 30% of their time on a ?vessel in navigation? (or a fleet of vessels owned by the same employer). A vessel in navigation means it must be afloat, in operation, capable of moving, and on navigable waters.

The status of a seaman in admiralty law provides maritime workers with protections such as payment of wages, 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".

Under general maritime law, seaman are owed transportation, wages, room and board, and medical services for the duration of their voyage. Additionally, if a vessel is deemed to be unseaworthy, an injured maritime worker could pursue a claim against the ship's owner.

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A plaintiff must be a "seaman" in order to recover under any of these theories, and therefore Instruction 7. L is a threshold instruction on seaman status.A maritime worker who has attained seaman status does not lose that protection automatically when on shore. A maritime worker may recover under the Jones. 7.1 Entitlement to overtime for all seafarers shall be as specified in Appendix. 2. 7. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements. Our Able Seaman to Mate program meets various training and license requirements to advance your maritime career. View our program courses and register now! Two stages: First is online application. Insufficient data to assess Washington's total compensation position to the market.

7.1 Seaman Status

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Who qualifies as a seaman?

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