KEY TAKEAWAYS
If you are hurt working on a commercial tuna or harpoon boat off New York or New Jersey, you are likely a seaman with rights under the Jones Act and general maritime law, including maintenance and cure regardless of fault. Hofmann & Schweitzer has represented commercial fishermen in the North Atlantic for more than 40 years, and few fisheries combine heavy fish, running lines, sharp gear, and long offshore runs the way tuna fishing does. A negligent employer or an unseaworthy boat can make the owner responsible for the full range of your losses.
Bluefin, yellowfin, and bigeye tuna draw commercial and charter boats out of Montauk, Shinnecock, Point Pleasant, Barnegat Light, and Cape May every season. Trips range from inshore day runs to overnight trips to the Hudson Canyon and beyond. Some boats fish rod and reel under a commercial permit, some carry a harpoon pulpit for giant bluefin, and others set longline gear. In every version, the crew is fighting big, powerful fish on a moving deck far from help.
Our Hofmann & Schweitzer's maritime injury attorney’s library already covers blackfish crews, lobster boat crews, and longline fishermen. Tuna fishing injuries deserve their own look, because the hazards, the gear, and the people on board are different.
What Are Your Legal Rights If You're Hurt Tuna or Harpoon Fishing Off New York or New Jersey?
If you work aboard a commercial tuna or harpoon vessel and contribute to its work, you are likely a seaman under federal maritime law. That generally gives you three rights: maintenance and cure regardless of fault, a Jones Act negligence claim against your employer, and an unseaworthiness claim against the vessel owner. State workers' compensation usually does not apply to seamen.
Why Tuna and Harpoon Fishing Is So Dangerous
This fishery pairs the risks of offshore work with fish that can weigh hundreds of pounds and fight for hours.
The Harpoon Pulpit
Harpoon boats put the striker on a pulpit that extends well out over the bow, often in a lumpy sea while the boat runs down a fish. A slip, a loose rail, or a sudden change of course can send the striker onto the deck or into the water. Pulpit rails, footing, and safety lines need to be sound every trip.
Running Lines and Kegs
After a strike, the harpoon line pays out fast as the fish runs, often to a keg or buoy thrown over the side. A crew member caught in the coils can suffer friction burns or a crushed hand, or be pulled toward the rail.
Landing and Handling Giant Fish
Bringing a large bluefin aboard means gaffs, flying gaffs, tail ropes, and heavy lifting through a tuna door or over the rail. Fish thrash on deck. Crew members suffer back injuries, hook and gaff wounds, and crush injuries, and the deck turns slick with blood and water.
Knives, Hooks, and Processing on Deck
Bleeding, gutting, and icing fish quickly protects their value, but it puts sharp knives in the hands of tired crew members on a moving deck. Lacerations and puncture wounds are common, and they can become infected far from shore.
Long Runs, Fatigue, and Weather
Canyon trips can mean 24 hours or more of steady work, with weather that can change quickly well offshore. Fatigue, rough seas, and distance from medical care turn ordinary injuries into serious ones.
Are Tuna Crew Members Covered by the Jones Act?
Usually, yes. Most crew members on commercial tuna and harpoon boats spend their working time aboard the vessel and help it fish, which is the core of seaman status. That remains true for crew members paid by a share of the catch, and mates and deckhands on charter boats that target tuna may qualify as well.
Commercial tuna boats operate under federal permits issued by NOAA Fisheries, including the General, Harpoon, and charter and headboat categories for Atlantic highly migratory species. The permit category doesn't decide seaman status, but it can help show the commercial nature of the work. Paying charter customers are not seamen, but they may bring a general maritime negligence claim if the operator failed to use reasonable care.
When the Boat Owner or Captain Is Responsible
Much of the danger in tuna fishing can be managed. Owners and captains can be held liable when they fail to manage it, including by:
- Running with a damaged pulpit, loose rails, or worn footing
- Using frayed harpoon lines, kegs, or tail ropes
- Fishing short-handed or pushing crews through long trips without rest
- Failing to train new crew members on where to stand when a line is running
- Ignoring forecasts on long canyon runs
- Skipping required safety equipment and drills
Under the Jones Act, the employer's negligence only has to play some part in the injury. A boat with defective gear or an inadequate crew can also be unseaworthy, making the owner liable even without proof of negligence.
Maintenance and Cure for Injured Tuna Fishermen
Maintenance and cure is owed regardless of fault, from the time an injured seaman leaves the vessel until reaching maximum medical improvement. Maintenance and cure benefits cover daily living expenses and medical treatment, and an owner that unreasonably refuses to pay can face additional liability.
Protecting Your Claim After a Tuna Fishing Injury
A few early steps can make a real difference later:
- Report the injury to the captain as soon as possible, and keep a written record.
- Get medical care at the dock, even for cuts that seem minor.
- Photograph the gear involved, including lines, gaffs, rails, and the pulpit.
- Write down who was aboard and what happened.
- Avoid signing a release of your claims or giving a recorded statement before you understand your rights.
- Keep in mind that most maritime injury claims must be filed within three years under federal law.
