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Firm Update: Frischhertz & Impastato is open as we know your needs cannot be placed on hold!  To protect you during the coronavirus (COVID-19) crisis, we are offering video conferencing as well as telephone conferences.  Please contact our office today to discuss your options.

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Toll Free: 866-920-5611

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How does maritime law apply to fishing boat workers’ injuries?

On Behalf of | Mar 1, 2024 | Admiralty & Maritime Law |

When fishing boat workers head out to sea, they face many challenges, including the risk of injury. In such cases, understanding maritime law becomes important.

Maritime law, also known as admiralty law, deals with legal matters concerning activities on the water. This includes navigation, commerce and transportation. For fishing boat workers, it means there are specific rules in place to protect their rights and safety while working at sea.

Jones Act

If a worker sustains an injury while working on a fishing boat, they may obtain compensation under maritime law. However, they have to meet certain conditions for them to recover damages.

One important law for this injury is the Jones Act, which also addresses cargo shipping. Under this law, if a fishing boat worker can prove that their injury resulted from the negligence of their employer or a fellow crew member, they may recover damages for medical expenses, lost wages and pain and suffering.

Unseaworthiness

Another avenue for recovery is the concept of unseaworthiness. This means that the fishing vessel was not reasonably fit for its intended purpose, resulting in the injury. In such cases, the injured fishing boat worker may get compensation from the vessel owner.

Maintenance and cure

Regardless of fault, fishing boat workers who face injuries or become ill while working at sea may get maintenance and cure. Maintenance refers to daily living expenses, while cure covers medical treatment until the fishing boat worker reaches maximum medical improvement.

Maritime law plays a huge role in protecting the rights of workers who risk their lives to bring in the day’s catch. Understanding their rights under this legal framework is important for ensuring fair treatment in the event of injury or illness. By navigating these laws correctly, fishing boat workers can seek the support they need to recover and move forward.