Commercial Fishing Accidents & Wrongful Death

There are numerous jobs on a commercial fishing boat, such as fish-processors, Bader machine operators, Boatswains (“Bosun”) deckhands, quality controllers (“QC”), mates, pursers and engineers. Regardless of position, the job is far more risky than shore-based employment. Commercial fishing injuries and wrongful death accidents are unfortunately too common. According to published reports, commercial fishing had the highest fatality rate of any industry in the United States between 1992 and 2011.

If you are injured or a family member has died working as a commercial fisherman, because of special maritime laws which apply, you need a law firm that is knowledgeable to handle the special nature of your claim. Berschler & Draluck represents injured commercial fishermen fishing for all sorts of species, such as Dungeness Crab, tuna, Alaska King Crab, pollack, shrimp and sardines, aboard on all types of commercial fishing vessels, including Factory Trawlers, Crabbers, Long Liners, Seiners, Draggers and Shrimpers.

If you have been injured while working on a commercial fishing vessel, you have the right under maritime law to certain “up-front” financial protection, and compensation for your injuries, lost earnings and future needs. The up-front protection is called maintenance and cure. Maintenance refers to daily costs for lodging and food. Cure involves payment of medical expenses until you reach maximum medical improvement (“MMI”). You may also qualify for “unearned wages,” the base earnings you would have been paid for the rest of the voyage or contract.

In addition to maintenance and cure, if you can prove your injuries were caused by your employer’s negligence, or by an unseaworthy condition, you may obtain additional compensation under the federal law, the Jones Act (46 U.S.C. section 3014) and/or the general maritime law. Compensation may include past and future lost wages, past and future pain and suffering, and future health care cost and/or job re-training. Compensation is a one-time, lump sum payment.

If you have been seriously injured working on a commercial fishing boat, one of your biggest worries may be whether or not you can return to work. If your injury will keep you away from sea for a long period of time, it is vital that your attorney is able to prepare an accurate calculation of your potential lost of wages and gather the necessary evidence to prove your claim.

If you have suffered the wrongful death of a loved one aboard a commercial fishing vessel, the laws about who can make the claim, what types of money damages can be claimed and the time limit (statute of limitations) are complicated and depend on where the vessel was when the death occurred.

Berschler & Draluck can help you navigate through these questions and challenges, without mistakes or false starts, to get you all the money compensation that you deserve.