Regardless of whether you may be employed by the tune fleet of the Western Pacific, the crab boats of the Bearing Sea or even in one of the smaller fisheries of Oregon, Washington, Alaska, California or Hawaii, commercial fishing generally offers solid job possibilities that pay off very well and are rarely matched ashore. However, it is not that simple – the price can be very high, since it is one of the most risky jobs in the entire nation.
The Jones Act – your legal rights
In case you were regularly working as the member of a commercial fishing vessel, your legal rights are going to be established in line with the Jones Act. In case you were not regularly working as the member of a commercial fishing vessel, your legal rights are going to be represented via yet another legal regulation – namely the Longshore and Harbor Workers Compensation Act.
Commercial fishing injury claim
Among the things that make commercial fishing injury claims so difficult, is the fact that a lot of employers are in fact small sized groups that usually do not own more than a couple of vessels. Certain defenses are accessible under the maritime law, including the Limitation Liability Act. This regulation makes it challenging to get the compensation from the smaller companies, even if the accident was caused by their negligence.
In addition, the majority of larger companies use other smaller organizations in order to benefit from the very same law. Hence, it is important to hire a qualified as well as experienced injury attorney, since otherwise you can be left with no compensation for your injuries whatsoever.
There is also another challenge in such cases. While you are no longer present on the vessel, the crew and the owner may be coming up with a story that would cover up the actual cause of the accident or will blame you for causing it. This is also one of the reasons why it is crucial to get in touch with a qualified attorney in order to deal with any misunderstandings and any lies that may be waiting for you.
Were you involved in a commercial ship accident? Contact Gomez Law Firm today!