Articles Tagged with “Fishermen Lawyer”

It is common knowledge that commercial fishing is the most dangerous and deadly job in the United States. Thankfully maritime law provides benefits to those who lost a loved one while working the sea.

Fishing Boats.jpgWe recently posted an article discussing commercial fishermen wrongful death and survival claims which can be brought against their employer under the Jones Act. As the article explained, the Jones Act applies to commercial fishermen wrongful deaths occurring upon inland waterways or within 3 nautical miles from shore. But what happens if an accident occurs beyond 3 nautical miles? Maritime law provides an entirely different statute for such claims.

Death on the High Seas Act

Shrimp Boat Wrongful Death.jpgCommercial fishing is the most dangerous occupation in the United States. The Centers for Disease Control and Prevention reported during 1992-2008 an average of 58 deaths occurred annually. This equates to a staggering 128 deaths per 100,000 workers! Thankfully, maritime law protects the rights of the loved ones of fishermen who unfortunately lost their lives while working the sea.

Jones Act Negligence

One of the methods families of deceased fishermen can seek recourse is through the Jones Act. The Jones Act is a federal statute which allows the personal representative of fishermen’s estates, spouses and dependent children to bring negligence claims against the employers. A lawsuit brought on behalf of a fisherman’s estate is known as a “Survival Claim”. A lawsuit brought by the family of a deceased fisherman is a “Wrongful Death” claim. Survival and Wrongful Death claims under the Jones Act can only be brought if the accident occurred upon inland waterways or within 3 nautical miles from shore. Deaths resulting from accidents occurring beyond 3 nautical miles can only be brought under the Death on the High Seas Act. (See our article entitled Commercial Fishermen Wrongful Death and Survival Claims under the Death on the High Seas Act)