Commercial Fishing Injuries

Commercial fishing is one of the most dangerous jobs in the United States. According to data published by the United States Bureau of Labor Statistics in 2002, commercial fishermen had the second highest rate of death from traumatic injury of all workers in the United States. Decks on fishing boats are often littered with obstacles, crowded with gear and other workers, and slick from ice, oil, or other substances. According to the Alaska Trauma Registry (ATR), the top three primary causes of commercial fishing injuries from 1991-1999 were machinery (205), falls (163), and being struck by an object (163). Crab pot launchers, cranes, and bait choppers are often involved in injuries.

Because commercial fishermen work on vessels on navigable waters of the United States, they are generally not covered by any state workers' compensation laws and must seek recovery for injuries at work under the Jones Act, 46 U.S.C. §30104, or general maritime law. The Jones Act is a federal act that provides to seamen injured through negligence the same rights as railroad employees under the Federal Employees' Liability Act (45 U.S.C. §51, et. seq.); Evich v. Connelly, 759 F.2d 1432, 1433 (9^th Cir. 1985). Under the general maritime law, a fisherman may also seek recovery for unseaworthiness if a piece of a vessel's equipment is not reasonably fit for its intended use. Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 542, 80 S. Ct. 926, 4 L. Ed. 2d 941 (1960); Ribitzki v. Canmar Reading & Bates, Ltd. 111 F3d 658 (9^th Cir. 1997).

For decades, our lawyers have successfully represented injured commercial fishermen and their families in Washington and Alaska. By seeking full and fair compensation for injured fishermen, we help our clients obtain financial payment to address their injuries and monetary losses, and hope to improve safety in the fishing industry and prevent unnecessary disability and death. Unfortunately, many fishing companies continue to put profits over their workers' safety and continue to follow unsafe work practices and use unsafe equipment. If you or a family member has been injured in the commercial fishing industry, you should know the following:

Fill Out an Accident Report. Many companies have a written policy that injured workers must fill out an accident report after an injury. Coast Guard regulations require the same where a serious injury has occurred. However, in practice, officers of the vessel may discourage crew members from filling out accident reports. If you are injured, make certain that you get proper medical attention from the ship's medical officer and fill out an accident report for the company. Read the accident report carefully and make certain that you give the important facts of your injury and list the names, addresses and telephone numbers of all witnesses who have knowledge of the facts and circumstances leading to your injury. If the injury involved a defective piece of equipment, be sure that the equipment is mentioned in the accident report. Keep a copy of the accident report. Take photographs of any equipment, machinery, or the location of your injury so that you can document the circumstances. Don't be intimidated by the company into failing to fill out an accident report.
Get Proper Medical Evaluation. After an injury, make certain that you get proper medical evaluation. Although the vessel may have a medical officer, oftentimes these officers are only trained in first aid, and they are not medical doctors. The fishing company should provide you with a proper medical evaluation from a medical doctor. If you are injured while out at sea, the company should contact doctors on shore and explain the circumstances of your injury and make a determination of whether the vessel should go into port for you to get immediate medical attention. In many instances, immediate medical attention may be vital to your chances of making a good recovery. Don't let the company's officers intimidate you into not getting proper medical evaluation.
Unearned Wages. A commercial fisherman or processor who is unable to work because of an injury or illness is entitled to unearned wages until the end of the voyage or the end of the fishing contract. It is the fishing company's obligation to pay these unearned wages regardless of fault for the injury or illness. You should recover unearned wages in the amount that you would have earned if you had continued to work until the end of the voyage or fishing contract.
Maintenance Payments. Maintenance payments are payments designed to pay for food, lodging and other necessary expenses while a fishermen is recovering from an injury or illness. These payments are due regardless of fault and continue until the fisherman reaches the point of maximum medical cure. Many times the maintenance rate is set in a contract between the fishing company and the fishermen. Other times, it may be necessary for a court to set the proper maintenance rate.
Cure Payments. Cure payments are simply the cost of medical attention related to your injury or illness while in the service of the vessel. These payments are owed by the fishing company regardless of fault and must be paid until you reach the point of maximum medical cure.
Damages for Lost Wages and Lost Earning Capacity. After an injury, a fisherman may be unable to work for an extended period of time or may be unable to return to the fishing industry if the injuries are serious. If a fisherman is unable to earn the same amount of income in an alternative occupation, the fisherman has suffered lost earning capacity. Under the Jones Act and the general maritime law, an injured fisherman may recover lost wages and lost earning capacity. However, the fisherman must establish liability for the injury. To establish liability, the injured fisherman's lawyers must show that the employer's negligence was a cause of the fisherman's injury or that equipment or appliances on the vessel where unfit for the ordinary and intended use.
Damages for Pain, Disability and Loss of Enjoyment of Life. Under the Jones Act and general maritime law, an injured fisherman may also recover damages for pain, disability and loss of enjoyment of life. These are important aspects of a fisherman's injury and can only be effectively analyzed by a lawyer who has experience in maritime law and court awards. Like damages for lost wages, however, the injured fisherman's lawyers must show liability in order to collect these damages.
Avoid Offers of a "Quick" Settlement. Fishing companies employ savvy claims professionals and risk managers to limit their liability for injuries to their fishermen and other workers. They have the benefit of years of experience in handling claims. By offering a quick settlement of your claim, they may hope to limit the future liability of the company and pay out less than what the law requires. Consult with a lawyer before accepting any settlement.

Our lawyers have vast experience representing injured fishermen, deckhands, processors, and deck officers in Jones Act personal injury actions. We offer a free initial consultation and would be pleased to discuss the specifics of your particular case without obligation.