Injuries to Commercial Fishermen During A-Season in Alaska: The Jones Act and Available Remedies

Alaska’s fishing industry is one of the most dangerous occupations in the world, and during the height of the A season—typically January through March—the risks intensify. This period, named for the allocation-based fishing seasons in Alaskan waters, sees factory trawlers and commercial fishing vessels navigating rough seas and icy conditions to harvest pollock and other species. For commercial fishermen aboard these vessels, injuries are unfortunately all too common. These workers are not only exposed to the harsh elements but also operate heavy machinery in challenging and unpredictable conditions. 

When injuries occur, fishermen have legal rights under maritime law, particularly under the Jones Act. This law, designed to protect seamen, provides avenues for compensation when injuries result from negligence or the unseaworthiness of a vessel. Below, we’ll explore the dangers of A season, common injuries sustained aboard factory trawlers, and the protections and remedies available under the Jones Act.

The Dangerous Nature of A-Season

A-season in Alaska coincides with some of the most severe weather conditions in the Bering Sea. Freezing temperatures, gale-force winds, and towering waves are common. Factory trawlers, which are large vessels designed to catch and process fish at sea, face constant exposure to these elements. These vessels often operate around the clock to maximize profits, leading to grueling 16- to 20-hour shifts for crew members.

Key risks during A-season include:

• Slippery Decks: Ice accumulation on decks and equipment creates a significant slipping hazard. Falls are a leading cause of injuries.
• Heavy Machinery: Equipment such as winches, cranes, and hydraulic systems can malfunction or cause accidents due to improper maintenance or operator error.
• Fatigue: Long hours without adequate rest impair judgment and coordination, increasing the likelihood of accidents.
• Harsh Weather: Icy waters, sudden storms, and freezing spray can lead to hypothermia and other cold-related injuries.
• Emergency Response Challenges: The remote locations of fishing grounds mean that medical evacuation and treatment can be delayed, exacerbating injuries.

Common Injuries on Factory Trawlers

The nature of work on factory trawlers makes certain types of injuries more prevalent:

1. Fractures and Sprains: Often caused by slips, trips, and falls on icy decks or ladders.
2. Crush Injuries: Heavy equipment such as winches or capstans can trap or crush limbs.
3. Amputations: Mishandling or malfunctions of machinery like conveyor belts or cutting equipment can lead to devastating injuries.
4. Head and Spinal Injuries: Falls from heights or being struck by shifting cargo can result in traumatic brain injuries (TBI) or spinal damage.
5. Cold-Related Injuries: Frostbite and hypothermia are common due to prolonged exposure to freezing conditions.

These injuries not only threaten the lives of commercial fishermen but can also prevent them from returning to work, leading to financial and emotional hardship.

The Jones Act: A Lifeline for Injured Seamen

The Jones Act, formally known as the Merchant Marine Act of 1920, provides critical protections for seamen, including fishermen. It allows injured workers to seek compensation if their injury was caused by the negligence of the vessel owner, captain, or crew. Additionally, it mandates that vessels be maintained in a seaworthy condition. 

What Qualifies as a “Seaman” Under the Jones Act?

To qualify for coverage under the Jones Act:

• The injured worker must contribute to the mission of a vessel in navigation.
• Their work must have a substantial connection to the vessel’s activities.

Given these criteria, most commercial fishermen working aboard factory trawlers are covered.

Proving Negligence Under the Jones Act

To succeed in a Jones Act claim, the injured fisherman must prove:

1. Duty of Care: The employer owed a duty of care to provide a reasonably safe working environment.
2. Breach of Duty: The employer failed to fulfill this duty through negligence (e.g., inadequate training, insufficient staffing, or failure to address hazards).
3. Causation: The employer’s negligence was a contributing factor to the injury.
4. Damages: The injury resulted in physical, emotional, or financial harm.

Unlike traditional personal injury cases, the burden of proof under the Jones Act is relatively low. The injured seaman only needs to show that the employer’s negligence played any part, however small, in causing the injury.

Unseaworthiness Claims

Separate from negligence claims, the doctrine of unseaworthiness allows injured fishermen to seek compensation if the vessel or its equipment was not fit for its intended purpose. A vessel may be deemed unseaworthy if:

• Equipment is defective or improperly maintained.
• Safety protocols are inadequate or nonexistent.
• The crew is insufficiently trained or understaffed.

Damages Available Under the Jones Act

Injured fishermen may recover a variety of damages under the Jones Act, including:

1. Medical Expenses: Coverage for past and future medical treatment related to the injury.
2. Lost Wages: Compensation for earnings lost during recovery.
3. Future Earnings: Damages for reduced earning capacity due to long-term or permanent injuries.
4. Pain and Suffering: Compensation for physical pain, emotional distress, and loss of quality of life.
5. Maintenance and Cure: Independent of fault, seamen are entitled to maintenance (daily living expenses) and cure (medical care) until they reach maximum medical improvement.

Steps to Take After an Injury

If you are a commercial fisherman injured during A season, it is crucial to take the following steps to protect your rights:

1. Report the Injury: Notify the captain or supervisor immediately and ensure the injury is documented.
2. Seek Medical Attention: Obtain prompt medical care, even if the injury seems minor, at first.
3. Preserve Evidence: Take photographs, gather witness statements, and keep records of any defective equipment or unsafe conditions.
4. Consult a Maritime Attorney: Maritime law is complex, and a specialized attorney can help you navigate the legal process and maximize your compensation.

Contact Our Experienced Maritime Injury Attorneys for a Free Consultation

The A season in Alaska represents an essential yet perilous period for commercial fishermen. The physical and mental demands of working aboard factory trawlers in extreme conditions often result in injuries, some of which are life-altering. The Jones Act provides a vital safety net, allowing injured fishermen to seek compensation for their losses and hold negligent parties accountable.

If you or a loved one has suffered an injury during A season, it’s essential to understand your rights and act quickly. With the help of an experienced maritime attorney, you can secure the compensation needed to recover and rebuild your life. The dangers of the fishing industry are significant, but the protections afforded under the Jones Act ensure that injured fishermen are not left to navigate these challenges alone.