An able seaman is an essential crew member who assists in the proper functioning of a ship. Although they are not officers, they play a crucial role in the crew. In the event of an injury while working on the ship, able seamen are safeguarded by specific laws that ensure they receive compensation for their injuries. Additionally, these laws may also extend protection to individuals working on ships in different roles than able seamen.
An able seaman is a certified and experienced sailor who possesses the necessary skills to perform all duties of a seaman. They are employed on a navigating vessel and play a crucial role in its operation and mission. While they hold a lower rank than officers, they are highly skilled and contribute significantly to the vessel’s functioning. If an able seaman sustains an injury or is killed during their employment, they are protected under the Jones Act and the Longshore and Harbor Workers’ Compensation Act. Additionally, general maritime law also covers seamen’s injuries. Depending on the nature of the vessel, an able seaman may be responsible for tasks such as manning, reefing, and steering a ship transporting goods or assisting passengers and maintaining facilities on a cruise ship. In the context of oil and gas exploration on navigable waters, amphibious oil workers on floating drilling structures are considered able seamen and are entitled to legal remedies against their employers and vessel operators. On the other hand, an ordinary seaman has some experience but lacks the proficiency to be classified as an able-bodied seaman. Lastly, a merchant seaman refers to a sailor employed on a private vessel, distinguishing them from those employed in public or military service.
An Able Seaman is a professional mariner who is responsible for performing various tasks on board a ship, such as operating deck machinery, handling cargo, and maintaining the vessel’s cleanliness.
To become an Able Seaman, individuals must complete the necessary training and obtain the required certifications, such as the Basic Safety Training (BST) certificate, Proficiency in Survival Craft and Rescue Boats (PSCRB) certificate, and Medical First Aid (MFA) certificate. Additionally, they must have a valid Seafarer’s Medical Certificate.
Working as an Able Seaman requires compliance with various legal requirements, including obtaining the necessary licenses and certifications, adhering to international maritime regulations, and following the employment laws of the country where the ship is registered.
An Able Seaman can be held liable for accidents or injuries if they are found to have acted negligently or failed to follow safety protocols. However, liability may also extend to other parties, such as the ship’s owner or captain, depending on the circumstances of the incident.
Able Seamen are entitled to certain rights and protections under maritime labor laws, including fair wages, reasonable working hours, adequate rest periods, and access to medical care. They may also be eligible for additional benefits, such as health insurance and retirement plans, depending on their employment contract.
Yes, an Able Seaman has the right to refuse to work if they have reasonable grounds to believe that the ship is unsafe or if they believe their personal safety is at risk. However, they must follow the proper reporting procedures and notify the ship’s captain or designated authority.
In certain circumstances, an Able Seaman may be able to sue their employer for injuries sustained while on duty. This may be possible if the employer was negligent in providing a safe working environment or failed to comply with applicable safety regulations. Consulting with a maritime attorney is recommended to assess the viability of a potential lawsuit.
Depending on the terms of their employment contract, an Able Seaman may be terminated from their job without cause. However, if the termination is deemed unfair or in violation of labor laws, the seaman may have legal recourse to challenge the termination.
Able Seamen may be entitled to compensation for overtime work, depending on the applicable labor laws and their employment contract. It is important to review the terms of the contract and consult with a maritime attorney to understand the specific entitlements.
Changing employers while under contract as an Able Seaman may be possible, but it depends on the terms and conditions outlined in the employment contract. Some contracts may have restrictions or penalties for early termination, while others may allow for a transfer to another employer with mutual consent. It is advisable to consult with a maritime attorney to understand the legal implications of changing employers.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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