Fishing Boat Injuries

Fishing Boat injuries are generally regulated by the Jones Act, which is also known as the 1920 Jones-Shafroth Act and 46 U.S.C. Section 688. You may also see references to the 1916 law relating to the Phillipines and the 1917 law relating to Puerto Rico. The 1920 Jones Shafroth Act extended rights under the Federal Employees Liability Act or F.E.L.A. to seamen through the Jones Act.

Under the Jones Act workers who incur fishing boat injuries are legally entitled to maintenance, cure and damages for 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 or weekly checks and medical coverage 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.

The term “Seaman” includes utility workers, deckhands, laborers, cooks, mates, sailors, workers on offshore oil drilling rigs and other workers engaged in work on navigable waters.

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 waves or 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. Rescue attempts for men overboard have a low incidence of success.

Job stress, lack of sleep, bad sleeping quarters, less than perfect roommates, quotas and demanding captains also lead to mistakes which can injure a commercial fishermen. Mistakes in judgment by the captain or equipment operators can cause accidents that can 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 enough food for our families, and they go unrecognized for their service.

Did you know that about 150 out of every 100,000 persons employed in the fishing industry suffer a fatalities while on the job? In addition to dangerous conditions, there are many other causes for injury such as lifting injuries to backs, 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 may have a third party claim in addition to their Jones Act claim. A third party can include a contractor or an employee not working for the same employer as the injured maritime worker, a company that manufactures a defective product like a cable, wench, ropes, booms, or any product that contributes to an accident. Most third party cases are not readily apparent to a non-lawyer and need to be spotted by a lawyer who knows about Jones Act claims and personal injury law.

Anyone who has incurred a fishing boat injury or while under contract to a boat should contact a lawyer immediately after suffering an injury. A Jones Act claim can be due to injuries you receive while staying at a hotel or when you are traveling on company business. If you are included in the definition of a “seaman” , check with a lawyer anytime you are injured, whether you think you’re covered or not.

If you have expirenced a fishing boat injury, do not wait for the injury to get worse before talking with a lawyer. The quicker you see a good doctor the more the doctor can do for you. The same applies to calling a maritime lawyer early on before you waive or forfeit any of your legal rights. Call the lawyers and attorneys at the Ogletree Abbott Law Firm at 1-800-Jones Act or visit with us on line at 1 800 Jones Act or OgletreeAbbott.com. You can also email us or chat with us on line. We are ready and willing to help you today with your potential fishing boat injury claim.