One of the lesser-known facts about the maritime law industry involves the high fatality rate affecting hard-working fishermen. The Risk Information System for Commercial Fishing (RISC Fishing) examines data on fishermen and vessel incidents by combining databases and linking data concerning nonfatal and fatal injuries.
Nearly 400 incident reports were reviewed by the RISC Fishing, revealing 93 deaths and 239 injuries happened aboard commercial fishing vessels. Most deaths were due to drowning, with less than two percent of victims wearing immersion suits that could have prevented hypothermia and drowning.
What recourse do injured commercial fishermen have when shipowners fail to uphold their obligations to ensure safe working conditions for fishermen? Shipowners are required by maritime law to maintain the seaworthiness of their vessels, including structural integrity, safety equipment, cargo management, and crew welfare.
When they fail to abide by maritime laws, we believe they should be held fully accountable for their actions.
The Ledger Law Firm wants to bring in-depth awareness of the dangers of commercial fishing and how injured workers have the right to seek justice and compensation for medical bills, pain and suffering, and loss of wages. Continue reading to learn more about maritime law and the rights of commercial fishermen.
Surviving the Sea: Dangers Faced by Commercial Fishermen
Vessel Disasters and Overboard Falls
Vessel disasters present life-threatening perils to commercial fishermen, often leading to serious injuries and fatalities. Overboard falls are typically attributed to slippery decks, treacherous sea conditions, and sudden vessel movements implemented without warning.
Extreme Weather and Long Hours
Many commercially valuable fish live in colder waters or migrate there to feed or spawn. For this reason, commercial fishing operations frequently occur in extreme weather conditions, exposing workers to frigid temperatures, gale-force winds, and rough seas. The physical toll of this work is also aggravated by long hours, leading to long-term fatigue and burnout that increase the risk of accidents.
Malfunctioning Heavy Equipment/Outdated Vessels
The commercial fishing industry faces safety challenges due to outdated vessels, inadequate training, and lack of oversight. Technological innovations like real-time weather tracking, navigation, and vessel monitoring systems can dramatically reduce serious injuries and fatalities in the commercial fishing industry. Sensor-equipped nets and automated machinery will improve situational awareness and rescue operations when accidents occur.
Lack of Vessel Maintenance By Fishing Companies
Unfortunately, some fishing companies neglect to prioritize the safety of their employees. Company owners may be more concerned about profits over people instead of focusing on vessel maintenance, regular inspections, and repairing or upgrading heavy machinery. When fishermen are injured due to company oversight, the Ledger Law Firm provides rigorous legal representation for victims of irresponsible vessel owners.
Legal Protections for Commercial Fishermen: Maritime Law
The Jones Act
The Jones Act (Merchant Marine Act of 1920) protects injured fishermen working on U.S. vessels by supporting their right to sue employers for negligence or vessel unseaworthiness. Compensation received from at-fault employers covers medical expenses, lost wages, pain and suffering, and ongoing physical or mental disabilities.
Under this Act, employers must provide adequate food, shelter, and medical care to fishermen unable to perform their duties due to injury.
Maintenance and Cure
The doctrine of maintenance and cure is a legal right assigned to injured or ill commercial fishermen that requires vessel owners to support the seaman’s basic needs and medical care during recovery. “Maintenance” refers to the daily allowance for living expenses while the fisherman cannot work. “Cure” covers necessary medical treatment, including consultations, surgery, and rehabilitation.
Unseaworthiness Claims
When a commercial fisherman’s injuries can be attributed to a vessel’s unsafe condition (defective machinery, lack of proper safety equipment), they may be able to bring an unseaworthiness claim against the owner and receive compensation for injuries.
Death on the High Seas Act (DOHSA)
The Death on the High Seas Act (DOHSA) is a U.S. federal law allowing surviving family members to file a wrongful death lawsuit when someone dies as a result of wrongful conduct or negligence. The DOHSA is intended to facilitate legal avenues for families seeking compensation for funeral expenses, emotional distress, and loss of financial support.
Maritime law is one of the most complex sets of legal codes in the U.S., demanding the kind of specialized legal assistance the Ledger Law Firm provides. If you are a commercial fisherman who has suffered serious injuries through no fault of your own, don’t let company lawyers deny you the benefits you deserve.
Contact us today at (800) 300-0001 for the expert representation you need to receive adequate compensation for your injuries.
