Commercial Fishing Worker Injuries Attorney in Corpus Christi
The people who work the waters of the Coastal Bend are the backbone of our community. They face danger head-on to bring seafood to our tables, braving treacherous seas, unpredictable weather, and long hours. But when a sudden storm, faulty equipment, or another vessel’s negligence leads to injury, these hardworking fishermen need someone in their corner.
Our team at Brunkenhoefer, P.C. Injury Attorneys has advocated for injured commercial fishermen since 1997. We understand the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and the unique challenges fishermen face when seeking compensation. With over 1,500 cases handled and over $10 million recovered for our clients, we have the experience and tenacity to fight for your rights.
We know that after an injury, you’re dealing with pain, medical bills, and uncertainty about the future. Let us handle the legal complexities while you focus on healing.
We want to help you get back on track. Call (361) 310-5299 for a free consultation with a Corpus Christi commercial fishing accident attorney today. We’re available 24/7, offer virtual consultations, and we speak Spanish.
How the Jones Act Applies to Workers on Commercial Fishing Vessels
The Jones Act is a federal law that serves as a cornerstone of protection for seamen injured in the course of their employment. Unlike traditional workers’ compensation systems, which often limit recovery to predetermined benefits and prohibit lawsuits against employers, the Jones Act allows injured seamen to file a lawsuit against their employer for negligence. This means if your employer’s actions, or their failure to act, contributed to your injury, you have the right to seek compensation through the courts.
To be covered by the Jones Act, you must meet the legal definition of a “seaman.” This typically requires spending a significant portion of your working time (at least 30%) on a vessel in navigation. Commercial fishermen generally satisfy this requirement, as their work is intrinsically linked to the vessel’s operation and function.
The Jones Act places a duty on employers to provide a safe working environment. This includes providing a seaworthy vessel, properly functioning equipment, adequate training for the crew, and a sufficient number of competent crew members. When employers fail in this duty, and injuries occur as a result, they can be held liable under the Jones Act.
Jones Act cases can be complex, requiring a thorough understanding of maritime law and the ability to prove negligence. If you believe you have a Jones Act claim, it is essential to seek experienced legal counsel. Our team has a deep understanding of the Jones Act and a proven track record of successfully representing injured commercial fishermen. We are dedicated to protecting your rights and helping you seek the full and fair compensation you deserve.
Potential Liable Parties in a Commercial Fishing Accident Case
Determining liability in a commercial fishing accident can be complex. It requires a careful investigation of the circumstances, the actions of all parties involved, and a thorough understanding of maritime law.
What Is an Unseaworthy Vessel?
The Jones Act mandates that vessel owners provide a “seaworthy” vessel for their crew. This legal term extends beyond whether a boat floats; it encompasses the vessel’s overall condition and its fitness for its intended purpose – commercial fishing. When this standard is not met, and unseaworthiness contributes to an injury, the vessel owner can be held liable under the Jones Act.
Numerous factors can make a vessel legally unseaworthy, including:
- Defective gear and machinery: Commercial fishing relies heavily on specialized equipment–winches, hoists, nets, and processing machinery, to name just a few. Any defect in these tools, from a frayed cable to a malfunctioning winch, can create a hazardous situation for the crew.
- Slippery surfaces and tripping hazards: Constantly exposed to the elements, fishing vessels can quickly develop hazardous conditions. Wet, icy, or oily decks, cluttered workspaces, and poorly maintained walkways all contribute to the risk of slips, trips, and falls.
- Lack of safety equipment or inadequate training: Life jackets, personal flotation devices, emergency alarms, and fire suppression systems are essential on a commercial fishing vessel. Failure to provide this equipment or to ensure the crew is professionally trained in its use can create a dangerous environment.
A vessel’s owner has a non-delegable duty to provide a seaworthy vessel. This means they cannot shift this responsibility to another party, such as a captain or equipment manufacturer.
If you are injured due to an unseaworthy condition, you have the right to seek compensation for your losses, including medical expenses, lost wages, and pain and suffering.
Maritime Law Frequently Asked Questions
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How much is my case worth?
It's impossible to determine the value of your case without knowing the specifics. Factors like the severity of your injuries, medical expenses, lost wages, and liability all play a crucial role.
To get an accurate assessment, contact us for a free consultation. We'll review your situation and provide a personalized evaluation.
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Why should I seek compensation?
If you have been injured on the job, you could be facing hefty hospital bills and an extended recovery time. That can mean losing out on crucial work wages and potentially going into debt.
There are many protections that state and federal laws offer maritime workers to compensate for the dangers and the inconveniences of sea-based jobs. You may be due maintenance and cure as well as further financial compensation from your employer.
Seeking monetary recompense through the law means safeguarding your financial stability so that your injury does not unduly burden you and your family.
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Why should I choose Brunkenhoefer, P.C. Injury Attorneys?
- Extensive experience: We have handled over 1,500 cases and recovered over $10 million for our clients. We have in-depth knowledge of personal injury law, including workplace accidents and maritime law.
- Focus on third-party liability: We primarily work on third-party liability workplace injury cases. This means we pursue claims against negligent parties other than your employer, such as property owners, subcontractors, equipment manufacturers, or other responsible entities.
- Thorough investigation: We conduct comprehensive investigations to gather critical evidence and build a strong case on your behalf. We work with accident reconstruction specialists, medical experts, and other professionals to help determine the cause of your accident and identify all liable parties.
- No fees unless we win: We work on a contingency fee basis, which means you don't pay our attorney fee unless we recover compensation for you.
- 24/7 availability: We are available 24/7 to answer your questions and address your concerns. We understand that accidents can happen at any time and can provide support when you need it most.
Why choose our firm our unique approach sets us apart from other firms
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Trial-Tested & ReadyWe prepare every case as if it's going to trial.
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Accessibility RedefinedWe believe in open communication and responsiveness. You can contact your attorney 24/7.
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Client-Centered ApproachYour needs and well-being are at the forefront of everything we do.
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Embracing TechnologyWe leverage technology to enhance your experience.
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Champions of Diversity in South TexasWe are committed to advocating for all individuals, regardless of their background.
Recoverable Damages in a Commercial Fishing Accident Case
Damages in maritime injury cases often go beyond what’s typically available in land-based personal injury claims.
Here are some of the key areas of recovery we focus on:
- Lost wages and earning capacity: Your injuries may prevent you from returning to work, potentially for an extended period. We work diligently to calculate your lost income, including past and future wages, accounting for potential promotions and raises you might have received.
- Medical expenses: Medical bills following a serious injury can be overwhelming. We will fight to recover all your medical costs, including hospitalization, surgery, rehabilitation, medication, and ongoing therapy. We also consider the potential need for future medical care so that you have the resources to manage your condition in the years to come.
- Pain and suffering: Physical pain, emotional distress, and mental anguish are real consequences of a maritime injury. While these damages are not easily quantifiable, we will present compelling evidence to demonstrate the impact your injuries have had on your overall well-being and quality of life.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you once enjoyed, such as hobbies, sports, or spending time with loved ones, you may be entitled to compensation for this loss.
