Maritime Injury Law BlogWhat Are My Rights as an Injured Commercial Fisherman?
If you were hurt while working on a commercial fishing boat, you might have questions about your legal rights and protections. Unlike most land-based workers, commercial fishermen typically cannot access state workers’ compensation benefits. Instead, your rights fall under Federal Maritime Law and the Jones Act, legal frameworks specifically designed to protect maritime workers.
What Makes Federal Maritime Law Different?
Federal Maritime Law shares some similarities with traditional workers’ compensation systems, but it offers several distinct advantages for injured workers. When a commercial fisherman suffers an injury due to negligence or an unseaworthy vessel, they have legal recourse through both the Jones Act and General Maritime Law.
Your employer and vessel owner have a fundamental obligation: they must provide you with a safe working environment and maintain a seaworthy vessel. The reality is that most maritime accidents could be avoided if proper safety protocols were consistently followed. As a maritime worker, you never assume the risk of injuries caused by negligent actions or unsafe vessel conditions.
Your Immediate Benefits: Maintenance and Cure
One of the foundational protections under Federal Maritime Law is the doctrine of “maintenance and cure.” This no-fault remedy begins almost immediately when you become ill or injured while employed aboard a vessel.
Maintenance refers to a daily living allowance that your employer must pay throughout your recovery period, continuing until you reach maximum medical improvement. Cure covers all reasonable and necessary medical expenses related to your injury or illness that occurred during your vessel employment.
Many fishermen may not know they have the right to select their own doctor for treatment.
Beyond Basic Benefits: Full Compensation for Your Losses
Here’s where Federal Maritime Law truly differs from state workers’ compensation systems. As an injured seaman, you have the right to file a lawsuit against your employer and the vessel owner for negligence and unseaworthiness. This legal pathway allows you to seek comprehensive compensation that may include:
- Past and future lost wages
- Lost future earning capacity.
- Compensation for disability
- Damages for past and future pain and suffering
- Costs of vocational retraining if you can no longer work in your previous capacity.
This means you’re not limited to predetermined benefit schedules. You can pursue full and fair compensation that truly reflects the impact of your injury on your life and livelihood.
The Importance of Experienced Maritime Representation
Maritime injury cases involve complex federal laws that differ significantly from standard personal injury claims. The unique nature of commercial fishing operations, combined with the specific requirements of Jones Act claims, means that experience in this specialized area of law matters tremendously.
For more than forty years, Stacey & Jacobsen, PLLC has represented injured fishermen across the United States, managing thousands of Jones Act cases and obtaining millions in compensation for their clients. The firm has handled major cases involving various vessels, including factory trawlers such as the Arctic Rose, Aleutian Enterprise, and Galaxy; crab boats like the Alaska Ranger, Destination, Vestfjord, Amber Dawn, Pacific Apollo, Nesika, Ocean Challenger, Lin J, Pace Setter, and Katmai; as well as other vessels, including the Lee III (an oil supply vessel) and Juris.
We understand the dangerous realities of commercial fishing operations. We know how accidents happen aboard fishing vessels, and more importantly, we know how they could have been prevented. This knowledge becomes crucial when building a strong case on your behalf.
Questions About Your Case?
If you’ve been injured while working as a commercial fisherman and have questions about your rights to compensation, we invite you to contact Stacey & Jacobsen, PLLC for a free initial consultation. We’ll explain your rights under the Jones Act and help you understand the full scope of benefits available to you under Federal Maritime Law.
Your work as a commercial fisherman is already dangerous enough. You shouldn’t have to navigate the legal system alone after an injury. Let our experienced team work for you.