A fishing injury is all too common for commercial fishermen.
Whether you work on the Bearing Sea crab boats, the Western Pacific tuna fleet, or in one of the local fisheries of California, Oregon, Washington, Alaska, or Hawaii, commercial fishing provides high-paying job opportunities that are hard to match ashore.
However, there is a price to pay because commercial fishing is still one of the most dangerous occupations in this country.
Your Legal Rights: The Jones Act
The Jones Act is a federal law that provides legal protections for seamen injured while working on a vessel. If you are a regular member of a commercial fishing crew, the Jones Act may apply to your case.
Critical Protections Under the Jones Act:
Negligence Claims:
The Jones Act allows you to sue your employer for negligence, even if you were partially at fault for the accident. This is known as the doctrine of comparative negligence.
Maintenance and Cure:
This provision requires your employer to provide medical care and maintenance (food and lodging) while you recover from your injuries.
Unseaworthiness Claims:
Suppose the vessel or its equipment was unseaworthy. In that case, you may be able to hold your employer liable, even if they weren’t negligent.
What if I’m Not a Regular Crew Member?
If you’re not a regular crew member, your rights might be governed by the Longshore and Harbor Workers’ Compensation Act (LHWCA).
This law provides workers’ compensation benefits for longshore workers and other maritime employees injured on the job. However, consulting with an attorney is crucial to determine the specific law that applies to your case.
Commercial Fishing Injury Claims Challenges
One circumstance that makes commercial fishing cases challenging is that many of the employers are small companies that own one or two boats.
Special defenses available under maritime law, such as the Limitation Liability Act, can make it difficult to recover from these small companies, even when the accident was their fault.
Additionally, most big companies use separate corporations to exploit these same defenses. You must hire a lawyer who knows maritime law and how to defeat these special defenses to avoid being seriously injured without recovery.
Another challenge in commercial fishing cases is that while you are injured and are no longer on the boat, the owner and the remaining crew sometimes create a story to cover up the cause of the accident or even claim that it was your fault.
Protecting Your Rights
To protect your rights and ensure you receive fair compensation, consulting with an experienced commercial fishing injury lawyer is crucial. A knowledgeable attorney can:
- Investigate the accident and gather evidence.
- Identify the responsible parties and hold them accountable.
- Navigate the complex legal landscape of maritime law.
- Negotiate with insurance companies to secure a fair settlement.
- Represent you in court if necessary.
By seeking legal advice early on, you can increase your chances of a successful outcome and receive the compensation you deserve.
Common Accidents That Occur Aboard Commercial Fishing Boats
The demanding nature of commercial fishing exposes workers to many hazards, leading to a high incidence of accidents and injuries.
Here are some of the most common types of accidents that occur on commercial fishing vessels:
Machinery Entanglements:
Workers can become entangled in machinery, cables, rigging, or netting, leading to severe injuries, including amputations.
Slip and Fall Accidents:
Slippery decks, ladders, and gangways, especially in wet or icy conditions, increase the risk of falls, which can result in sprains, fractures, and head injuries.
Falling Object Injuries:
Objects falling from overhead can cause severe head and body injuries.
Crush Injuries:
Improperly secured hatches and portholes can lead to crushing injuries to hands and fingers.
Equipment Failure:
Malfunctioning machinery, cranes, and winches can cause accidents and injuries.
Overexertion:
Repetitive tasks, heavy lifting, and prolonged physical exertion can lead to strains, sprains, and other musculoskeletal injuries.
Exposure to Hazardous Substances:
Exposure to chemicals, fumes, and other hazardous substances can cause respiratory problems, skin irritation, and other health issues.
Weather-Related Accidents:
Severe weather conditions, such as storms and high winds, can create dangerous situations and increase the risk of accidents.
How Do I Prove that the Boat Owner and/or Operator was Negligent?
In a commercial fishing injury claim, the burden of proof lies with you, the injured worker, to demonstrate that the boat owner or operator’s negligence contributed to your injuries.
Here’s what a commercial fishing injury lawyer can help you establish:
Duty of Care:
The boat owner and operator have a legal duty to provide a reasonably safe work environment for the crew. This includes properly maintaining the vessel and equipment, ensuring crew safety training, and following safe fishing practices.
Breach of Duty:
You must show evidence that the owner or operator failed their duty of care. This could involve examples like:
- Inadequate equipment maintenance
- Lack of proper safety precautions
- Failure to train crew members on safe operation procedures
- Ignoring weather warnings and putting the crew at unnecessary risk
Causation:
Establishing a clear link between the owner or operator’s negligence and your injuries is essential. This might involve witness statements, accident reports, or expert testimony.
Working with an experienced maritime attorney ensures that these elements are professionally handled and presented in court, maximizing your chances of a successful outcome.
What To Do When You’re Injured In A Commercial Fishing Accident?
The aftermath of a commercial fishing injury can be overwhelming. Here are some crucial steps to take:
- Seek Medical Attention: Your health is the top priority. Get immediate medical attention to document your injuries.
- Report the Injury: Report the accident to your captain or supervisor immediately. Obtain a written record of the report.
- Gather Evidence: If possible, take pictures of the accident scene, damaged equipment, and your injuries.
- Do Not Discuss Fault: Avoid admitting fault or discussing the accident in detail with anyone except your doctor and lawyer.
- Contact a Commercial Fishing Injury Lawyer: An experienced lawyer can advise you on your legal rights and take the necessary steps to protect your interests.
For a no-cost consultation with an attorney who understands maritime law, contact us here.
What is the Death on the High Seas Act?
The Death on the High Seas Act (DOHSA) offers financial protection to families of commercial fishermen who lose their lives while working at sea. Under this act, families can seek compensation for:
- Loss of financial support
- Funeral expenses
- Emotional distress and loss of companionship
To determine if your case qualifies under DOHSA, consult a skilled commercial fishing injury attorney for a thorough review.
Statistics from the Bureau of Labor of Fatal Occupational Injuries Focused Around Commercial Fishing in 2022
Commercial fishing remains one of the most dangerous occupations in the U.S., with a significantly higher fatality rate than other industries. According to the Bureau of Labor Statistics:
- The fishing industry recorded multiple fatalities per 100,000 workers in 2022.
- Common causes include drowning, equipment accidents, and slips or falls.
Such statistics highlight the importance of safety measures and the need for legal protection. Contact an attorney to understand your legal options if you or a loved one has been injured in the fishing industry.
Recoverable Damages for Commercial Fishing Accidents
When pursuing a claim, injured fishermen may recover damages for:
- Medical Expenses: Covers current and future medical costs.
- Lost Wages: Compensation for income lost during recovery.
- Pain and Suffering: Addresses the emotional and physical impact of the injury.
- Disability or Disfigurement: Compensation for long-term effects of the injury.
- Wrongful Death: For families who have lost a loved one, DOHSA provides specific benefits.
To explore the damages available in your case, seek a free case review.
When is a Boat Owner and/or Operation Liable for Their Negligence?
Boat owners and operators have a legal duty to provide a safe working environment for their crew. When this duty is breached, leading to an injury, the responsible party may be held liable.
Here are some common scenarios where negligence may arise:
Failure to Maintain Equipment:
Malfunctioning equipment, such as faulty winches, hydraulic systems, or safety gear, can increase the risk of accidents and injuries.
Inadequate Crew Training:
Not providing proper training on safety procedures, emergency protocols, and equipment operation can lead to accidents and injuries.
Overloading the Vessel:
Overloading the vessel with cargo or personnel can create unstable conditions and increase the risk of capsizing or equipment failure.
Neglecting Safety Measures:
Failing to implement and enforce safety measures, such as wearing personal protective equipment (PPE), using safety harnesses, and following proper lifting techniques, can lead to accidents.
Failure to Provide Adequate Rest:
Fatigue can impair judgment and increase the risk of accidents.
Exposure to Hazardous Conditions:
Exposing crew members to hazardous substances or environmental conditions can lead to serious health problems and injuries.
If you believe your injury was caused by the negligence of the boat owner or operator, consulting with An experienced commercial fishing injury attorney can help determine when liability applies and build a solid case for your claim.
Injured in Commercial Fishing and Cannot File a Claim Themselves?
If an injured fisherman cannot file a claim due to incapacitation, family members or legal representatives may initiate the claim. Under maritime law, including the Jones and Longshore Act, injured workers are entitled to protection, even if they cannot advocate for themselves.
Contact us to discuss your options if you’re representing an injured fisherman.
Contact a Commercial Fishing Accident Attorney
At my office, we have been handling injury claims for commercial fishermen for over 30 years.
We know how to determine what law applies to your case and how to investigate and prove the claim, whether it is under the Jones Act or the Longshore Act.
If you’ve suffered a fishing injury, we are available for a free, no-obligation consultation whenever you need us.
To arrange a consultation, please call us today toll-free at 1-888-440-5829 or complete our free and confidential case review form located on this page. We will then follow up with you directly.
Commercial Fishing Injury Frequently Asked Questions
1. What is the Jones Act, and how does it protect commercial fishermen?
The Jones Act is a federal law that allows injured maritime workers, including commercial fishermen, to sue their employers if they can prove negligence. This act provides protections beyond standard workers’ compensation, covering medical costs, lost wages, and pain and suffering.
2. Can I file a claim if the accident was partially my fault?
Yes, you can still file a claim under the Jones Act even if you were partially responsible. The law follows a “comparative negligence” system, meaning your percentage of fault will reduce any compensation awarded.
3. What evidence should I gather after a fishing accident?
After an accident, gather as much evidence as possible, including witness statements, photos or videos of the accident scene, medical records, and any safety logs from the vessel. This documentation will help strengthen your claim.
4. Are there time limits to file a commercial fishing injury claim?
Yes, the statute of limitations under the Jones Act is generally three years from the date of the injury. However, it’s crucial to consult a lawyer as soon as possible, as certain circumstances may require faster action.
5. How long does settling a commercial fishing injury claim take?
The timeline varies depending on the case’s complexity and the employer’s willingness to negotiate. Simple cases may settle in months, while more complex claims may take years or longer, especially if they go to trial.
For more information on how we can assist with your commercial fishing injury claim, please contact us for a free consultation.
