Here is a picture of me when I worked at Hyundai Heavy Industries.
Behind me are big ships being built at the docks.
They are not vessels in navigation yet.
My third article is a vessel in navigation.
In the previous article, we learned that a seaman must be a member of a vessel in navigation who works on board at least 30% of his time.
What about employees on an offshore oil rig, wind turbine, or floating object?
Are they also members of a vessel in navigation?
Are they seamen because they are exposed to the special hazards and disadvantages of working at waters?
This raises the critical legal issue: What is a vessel in navigation?
1 U.S.C. § 3 says, “the word ‘vessel’ includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”
The Supreme Court held that a vessel does not need to be in motion at the time of an injury, but a stationary vessel needs to be capable of maritime transportation. Stewart v. Dutra Const. Co., 543 U.S. 481 (2005) However, eight years later, the Supreme Court also held that a houseboat is not a vessel for purposes of a maritime lien because it was not designed for maritime transportation. Lozman v. City of Riviera Beach, 568 U.S. 115 (2013).
For example, if you work for an offshore oil company on a drillship, you may be a seaman. However, if you work on a stationary platform not made for purposes of maritime transportation, you may not be a seaman. Therefore, the location of an injury, especially a type of the structure, becomes extremely important because it is a determinant of the seaman status.
On a personal note, remember this.
A ship is safe in harbor, but that is not ships are built for.
Everyone is a sojourner on earth; Life is a journey. Is your life a journey in navigation?
Engineer at Boskalis
8moI'm interested