In 2018 Study Nearly 50% of Marine Accidents Involved Commercial Fishing Boats
According to data on CDC.gov, commercial fishing is one of the most hazardous occupations in the United States, with a fatality rate 29 times higher than the national average worker fatality rate. The NIOSH Western States Division (WSD) office in Alaska has been studying fishing safety since 1991 in an effort to reduce the number of commercial injuries and fatalities. The CDC has found that the biggest risks to fishermen are vessel disasters, falls overboard and machinery on deck.
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Who is Entitled to Bring a Wrongful Death Action Under the Jones Act?
Seamen and other maritime crew take on considerable risks in their job. In the tragic event of a wrongful death there are protections provided under the Jones Act. The person considered the personal representative of a seaman / crew member who died on shore or within three nautical miles from shore, may bring a wrongful death claim under the Jones Act. This representative is typically representing the surviving widow or husband and children. In the absence of these relationships then the employee’s parents, siblings, or others dependent on the seaman may be represented.
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Is a Seaman Entitled to Recover Damages from a Maritime Accident?
Yes, a seaman may be entitled to recover damages if he is injured in a maritime accident. The Jones Act specifically allows for a seaman to recover for injuries suffered during the course of his employment while at sea. The family of a seaman who is killed while he is employed at sea may also be eligible to file a wrongful death suit under the Jones Act. Whether the injured party is able to recover will depend upon the actions of the people who control the ship and the circumstances of the case.