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Recovering Damages for Commercial Fishing Accident Injuries

Commercial fishermen off the coasts of New York and New Jersey perform dangerous work under challenging conditions. For several months out of every year, fishermen face howling winds, drenching rain, pelting ice, and slippery snow. These conditions make their regular work difficult. Simple tasks such as throwing a line, tightening a winch, or walking across the deck can quickly become dangerous, or even deadly.

Common Causes of Fatalities and Injuries Among Commercial Fishermen

Commercial fishermen have the highest rate of occupational death in the United States.* Their work is dangerous, and the slightest mistake can cost them their lives. According to the Centers for Disease Control and Prevention (CDC), most commercial fishing fatalities are caused by lost vessels, fishermen falling overboard, deck injuries, diving accidents, fires, and explosions. Between 1994 and 2004—the most recent period for which statistics are available—641 commercial fishermen were killed on the job. Those who survive New York and New Jersey fishing accidents often suffer serious brain and spinal cord injuries, amputations, and broken bones.

Recovering Damages for Harm Caused in Commercial Fishing Accidents

Commercial fishermen who have been hurt—and the families of those who have been killed—may be entitled to damages pursuant to federal maritime law. The Jones Act allows commercial fishermen to recover damages if their injuries were due to their employer’s negligence or the unseaworthiness of the commercial fishing vessel on which they were injured. Damages may include expenses directly related to the accident, such as medical bills, lost wages, and pain and suffering.

The survivors of those killed in commercial fishing accidents may also be entitled to damages pursuant to the Death on the High Seas Act if the death was the result of the employer’s negligence or the unseaworthiness of the vessel. Damages may include the lost wages of the commercial fisherman killed in the accident.

The New Jersey and New York maritime lawyers of Hofmann and Schweitzer understand how difficult a commercial fishing accident can be for a fishermen and his family. Our law firm is committed to helping you recover damages if you’ve been hurt, or if you’ve lost a loved one in a New Jersey or New York fishing accident. Call us at 1-800-3-MAY-DAY for answers to your maritime legal questions.

*Source: The National Institute for Occupational Safety and Health (NIOSH) Safety and Health Topic: Commercial Fishing Safety
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