What is the difference between a seaman and a non-seaman?
The difference between a seaman and a non-seaman in the context of maritime injury law in South Dakota is a crucial legal distinction. A seaman is defined as an employee of a vessel or a boat in navigable waters. A non-seaman, on the other hand, is an employee of a vessel or boat in non-navigable waters. To be considered a seaman, a Plaintiff must spend at least 30 percent of their work time on board a vessel in navigable waters. Navigable waters are defined as any body of water in which a boat can travel, including rivers, lakes, and oceans. If a Plaintiff does not meet this threshold, then they are not considered a seaman and must pursue remedies elsewhere. For seaman’s injury claims in South Dakota, remedies are available under the Admiralty and Maritime Law of the United States. This includes compensation for medical bills, lost wages, pain and suffering, disfigurement, and emotional distress. Non-seaman, on the other hand, may be able to pursue remedies under state law. It is important to understand the difference between a seaman and a non-seaman when filing maritime injury claims in South Dakota as this affects which laws and remedies are available. If the injured person meets the criteria of a seaman, they may be able to take advantage of additional rights and compensation available under the Admiralty and Maritime Law.
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