Fishing Boat Injuries

Fishing Boat injuries are generally regulated by the Jones Act, which is also known as the Title 46 U.S. Code Sections 101 et seq. – Shipping.  Under the Jones Act workers injured on fishing boats are legally entitled to maintenance, cure and damages for personal injuries caused by any unseaworthiness of the vessel or the slightest negligence of the ship-owner, captain or crew of the vessel.  Maritime workers have two separate claims/lawsuits; one for maintenance and cure and the second for personal injury including future medical expenses, lost wages, loss of wage earning ability, pain and suffering, mental anguish, disfigurement, impairment, and many other legal damages. 

Fishing boat workers have one of the most dangerous jobs in the world.  They work in bad weather, sometimes with ice on the decks and equipment.  Ocean water constantly comes over the side making the decks slippery.  Don’t forget the fish, crabs, octopus and other sea creatures that land on the deck.  The slippery substance that covers fish is slippery and dangerous to a worker who needs a good footing.  Just stepping on a fish can send you over the side or off the back of an open-ended vessel. 

The ropes that must be coiled, taken in and let out properly can lead to injuries.  One misstep and you can become tangled and out you go into the sea. 

Job stress, lack of sleep, less than perfect roommates, quotas and demanding captains also lead to mistakes which can injure commercial fishermen.  Mistakes in judgment by the captain or equipment operators can cause accidents that injure workers.  There are too many scenarios for accidents that lead to too many injuries and deaths for these men and women that risk their lives so that we have food for our families, and they go unrecognized for their service.

About 150 out of every 100,000 workers employed in the fishing industry suffer fatalities while on the job. In addition to dangerous conditions, there are many other causes for injuries such as lifting injuries, falling objects causing head and neck injuries, slip and fall injuries, burns, explosions, and injuries due to defective equipment. 

If an injury is partially due to the negligence of a third party a worker has a third party claim in addition to their Jones Act claim.  A third party can include a contractor or any worker employed by another company other than your employer, a company that manufactures a defective product like cables, wenches, ropes, booms, or any product that contributes to an accident.  Most third party cases are not readily apparent to a worker and need to be determined by a lawyer who knows about Jones Act claims and personal injury law. 

Anyone who has suffered a fishing boat injury while under contract to a boat should contact a lawyer immediately after an accident.