§ 30104. Personal injury to or death of seamen

• (a) A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.
• (b)
  • (1) For purposes of subsection (a), the term “seaman” does not include an individual who—
    • (A) is an aquaculture worker if State workers’ compensation is available to such individual; and
    • (B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.
  • (2) In this subsection, the term “aquaculture worker” means an individual who—
    • (A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—
      • (i) the cleaning, processing, or canning of fish and fish products;
      • (ii) the cultivation and harvesting of shellfish; and
      • (iii) the controlled growing and harvesting of other aquatic species;
    • (B) does not hold a license issued under section 7101(c); and
    • (C) is not required to hold a merchant mariner credential under part F of subtitle II.