What is the difference between a seaman and a non-seaman?

The difference between a seaman and a non-seaman when it comes to Maritime Injury Law in New Jersey is significant. A seaman is a person who is employed on a vessel or a vessel owned by another individual, and who contributes to the mission of the ship. Seamen are entitled to different levels of compensation than non-seamen if they are injured at sea. For example, under Maritime Injury Law in New Jersey, a seaman is entitled to "maintenance and cure" from his or her employer, meaning the employer must provide living expenses and medical care for the injured seaman until he or she recovers or is declared fit for duty. Maintenance and cure are not available to non-seamen. Additionally, a seaman who is injured at sea is also entitled to compensation for their lost wages, pain and suffering, and medical expenses under the Jones Act. The Jones Act does not provide any remedy for non-seamen injured at sea. Finally, a seaman is also subject to different legal standards than a non-seamen when it comes to proving fault in a Maritime Injury Law case. For a non-seaman, they must generally prove negligence in order to recover damages from their employer, while a seaman can bring a cause of action based on the theory of unseaworthiness. In conclusion, the main difference between a seaman and a non-seaman when it comes to Maritime Injury Law in New Jersey is the different types of compensation and legal standards available.

Related FAQs

What happens if I cannot make it to court due to an injury at sea?
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