Fishing Job Accident and Injury Lawyer Help

Maritime workers, whether working at sea or on shore, experience some of the highest risks of injury and death in the nation. Whether employed as fishermen, cooks, dockhands, or builders of fishing vessels, these workers are protected under federal and state maritime statutes and regulations. Commercial fishing injuries include:

shrimp trawler accidents
fishing net accidents
tug accidents
slip and fall

Fishing job Injury and Maritime Law

If you are a maritime worker and you suffer an injury on the job, you may be entitled to compensation under one or more of these claims under maritime law:

The Jones Act
Third Party Lawsuits
Death on the High Seas Act
State Workers' Compensation
The Longshore and Harbors Act

The Jones Act

This is a federal statute permitting "seamen" to recover compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a vessel. Several conditions are required in order for the Act to apply:

1. The fishing job worker must be a "seaman"- As defined under the Act, a "seaman" includes: a member of the crew of a vessel
someone assigned to a vessel or fleet of vessels,workers on fishing vessels, barges, towboats, and freighters
2. The injury must be caused by: the negligence of employers, crewmembers, vessel owners, operators, or officers, and/or an unseaworthy ship.
An employer can be negligent when: there is a violation of a safety standard, or the employer fails to provide adequate medical care to the injured employee

Damages Under The Jones Act: Regardless of fault, a fishing worker is entitled to: Maintenance (compensation for lost wages), and Cure (medical treatment)

Additionally, if the worker can prove that the injuries resulted from negligence and/or unseaworthiness, the worker can collect for:

hospital care
pain and suffering
loss of enjoyment of life
disfigurement
mental anguish

Third Party Lawsuits

In addition to a Jones Act claim, a fishing worker may purse a claim against a third party if the injury is caused by:

an employer of an independent contractor aboard a vessel
a negligent supplier, or
any other third party involved with the vessel

Death on the High Seas Act

This Act applies to wrongful death cases. If a seaman dies as a result of the employer's negligence and/or an unseaworthy vessel, the seaman's dependant family members may file for benefits under this Act.

State Workers' Compensation

Settlements under the Jones Act are larger than under workers' compensation. But if you file a workers' compensation claim, you may be barred from filing a claim under the Jones Act.

The Longshore and Harbor Workers' Compensation Act

Maritime workers who are not "seamen" may be eligible for injury claims under this Act. Longshoremen, pilots, and those working on fixed platforms are not "seamen."

Consult an accident attorney experienced with fishing job injuries to determine which maritime laws apply to your injuries.

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