Unclear definition of 'seaman' creates uncertainty about workers comp coverage

Congress enacted the Longshore and Harbor Workers' Compensation Act in 1927 in response to a 1917 U.S. Supreme Court ruling in Southern Pacific Co. v. Christen Jensen that said the Maritime Clause of the U.S. Constitution prohibits state workers compensation laws from covering workers employed over navigable waters.

The act, administered by the U.S. Department of Labor, operates similarly to state workers comp laws, providing no-fault, prompt payment of benefits and medical treatment to injured workers.

While the Merchant Marine Act of 1920, also known as the Jones Act, similarly provides for “maintenance and cure” of injured seamen, it also gives them the right to use the tort liability system to file negligence claims and seek damages from their employers.

Though the Jones Act allows only workers defined as “seamen” to seek such remedies, it doesn't thoroughly define the term. Since then, numerous U.S. courts have attempted to interpret the term, resulting in uncertainty over whether employees are covered by the Longshore Act or the Jones Act.