Injuries on Commercial Factory Fishing Trawlers in Alaska and Fishermen’s Rights Under the Jones Act and General Maritime Law

Commercial Fishing is among the most hazardous professions in the world, and nowhere is this more evident than on commercial factory fishing trawlers operating in the rough, frigid waters of Alaska. These vessels, which are crucial to the seafood industry, combine fishing and processing operations into a single ship. While they are marvels of engineering, their unique work environment poses significant risks to crew members. Understanding these risks and the rights of injured fishermen under the Jones Act and general maritime law is crucial for ensuring safety and securing proper remedies for those affected by workplace injuries.

Dangers on Commercial Factory Fishing Trawlers

Fishing trawlers are complex, high-pressure environments where accidents can occur due to equipment failures, human error, or the inherent dangers of working at sea. Factory trawlers often employ dozens of workers who perform grueling tasks such as sorting, gutting, filleting, and freezing fish around the clock. The combination of heavy machinery, slippery decks, and extreme weather creates a perfect storm for workplace injuries.

Common Injuries

1. Slip and Falls: Slippery decks, especially when coated with fish slime or ice, are a leading cause of injuries. Crew members can suffer broken bones, head injuries, or even drown if they fall overboard.
2. Machinery Accidents: Winches, capstans, conveyor belts, and other heavy machinery are integral to fishing operations but pose a high risk of entanglement, amputation, or crushing injuries.
3. Overexertion and Fatigue: The long hours and demanding nature of the work can lead to repetitive strain injuries, exhaustion, and mistakes that cause accidents.
4. Exposure to the Elements: Hypothermia, frostbite, and cold-water immersion are constant threats in the icy waters of Alaska.
5. Chemical Hazards: Workers may be exposed to cleaning chemicals or other hazardous substances used on board, leading to burns or respiratory issues.

Causes of Accidents

• Inadequate Training: A lack of proper training in handling equipment and emergency procedures can lead to preventable injuries.
• Equipment Failures: Poorly maintained machinery or defective equipment increases the risk of serious accidents.
• Negligence: Crew members and officers who fail to follow safety protocols or act recklessly can jeopardize the entire crew’s safety.
• Insufficient Safety Measures: Absence of proper safety gear, such as harnesses and personal flotation devices, contributes to injuries and fatalities.

Rights of Fishermen Under the Jones Act

The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law that provides protections for seamen injured while working aboard vessels. It is one of the most significant pieces of legislation for maritime workers, as it allows them to seek compensation for injuries resulting from their employer’s negligence.

Who Qualifies as a Seaman?

Under the Jones Act, a “seaman” is defined as someone who spends a significant portion of their work time aboard a vessel in navigation and contributes to the vessel’s mission or function. Crew members of factory fishing trawlers typically qualify as seamen under this definition.

Key Provisions of the Jones Act

1. Right to Sue for Negligence: Injured seamen can file a lawsuit against their employer if the employer’s negligence contributed to the accident. Examples of negligence include failure to maintain safe equipment, lack of proper training, or inadequate staffing.
2. Unseaworthiness Claims: In addition to suing under the Jones Act, injured fishermen can bring claims for unseaworthiness against the vessel’s owner. A vessel is considered unseaworthy if it is not reasonably fit for its intended purpose, such as having defective machinery or inadequate safety equipment.
3. Maintenance and Cure: Employers are obligated to provide “maintenance and cure” to injured seamen. Maintenance covers living expenses during recovery, while cure includes medical costs until the seaman reaches maximum medical improvement.
4. Statute of Limitations: Injured fishermen generally have three years from the date of the injury to file a claim under the Jones Act.

General Maritime Law Protections

Beyond the Jones Act, general maritime law offers additional rights and remedies for injured fishermen. These include:

Maintenance and Cure

This longstanding maritime principle obligates employers to cover living and medical expenses for injured seamen, regardless of fault. Maintenance and cure are available until the seaman is deemed fit to return to work or has reached maximum medical improvement.

Unseaworthiness Doctrine

Under general maritime law, vessel owners must ensure that their ships are seaworthy. An unseaworthy vessel is one where unsafe conditions exist, such as faulty equipment, improper crew training, or hazardous working environments. Injured seamen can seek compensation for damages arising from unseaworthiness claims.

Steps to Take After an Injury

If you are injured aboard a factory fishing trawler, taking the right steps is critical to protecting your rights and securing compensation:

1. Report the Injury: Notify your supervisor or captain immediately and document the incident.
2. Seek Medical Attention: Obtain treatment as soon as possible, even if the injury seems minor. Ensure the treatment is documented.
3. Preserve Evidence: Take photographs of the accident scene, machinery, or any hazardous conditions that contributed to your injury.
4. Consult a Maritime Attorney: Contact an experienced maritime lawyer to discuss your case and explore your legal options.
5. File a Claim Promptly: Remember the statute of limitations and file your claim within the required time frame.

Contact Us Today for a Free Legal Consultation

Working on commercial factory fishing trawlers in Alaska is a demanding and often perilous occupation. While the risks are high, the Jones Act and general maritime law provide robust protections for injured fishermen. These laws ensure that injured seamen can receive fair compensation for medical expenses, lost wages, and other damages resulting from accidents at sea.

If you or a loved one has been injured while working aboard a fishing trawler, it is essential to understand your rights and take prompt action to protect them. By doing so, you can secure the financial support and justice you deserve while holding negligent parties accountable for their actions.  Contact one of our experienced maritime injury lawyers today for a free consultation at (206) 624-8844.