Hard Working Strong Sailors
Work aboard commercial fishing vessels is all about long hours, heavy labor, rough waters, being at sea for weeks or months. Commercial fishing injury accidents or illness happen all the time. Wrongful death by drowning is all too common. Commercial fishermen/women are not protected by state workers compensation. The federal Jones Act (46 U.S.C., §30104) and general maritime law are their only rights. These special laws are not understood by most attorneys. It takes a certified maritime law specialist to get the best results. Berschler Associates’ clients have worked aboard Factory Trawlers, Crabbers, Long Liners, Seiners, Draggers and Shrimpers. They have fished for Dungeness Crab, tuna, Alaska King Crab, pollack, shrimp or sardines.
The Rights of Commercial Fishermen/Women
Injured fishers have the right to certain up-front financial protection and to claim money compensation for personal injuries, lost earnings and future needs under the maritime law. The up-front payments are called “maintenance and cure.” Fishermen/women may qualify for “unearned wages” before the case is over. Additionally, the injured has the right to claim monetary compensation of losses and injuries when diagnosed as either Not Fit For (sea) Duty or Permanently Not Fit For Duty.
How To Protect Your Rights As A Commercial Fisher
Too often, commercial fishers lose or weaken their rights because they are afraid to report an injury. The law protects fishers from being fired just because they reported an accident or illness. Take these steps:
(1) Tell the boss soon.
(2) Get care or medicine from medical officer or purser.
(3) If still hurting when leaving the job, ask the mate for the office number to call to get shoreside healthcare.
*FOR MORE INFORMATION, please download our PDF,
How to Make a Claim for Commercial Fishermen/Women Injury Compensation.
Special Rights in Wrongful Death of Commercial Fishermen/Women Accidents
The loss of a loved one at sea overwhelms the commercial fisherman/woman’s survivors who may be depending upon the deceased’s paycheck. These wrongful death claimants may be able to get up-front compensation while they painfully adjust.
Berschler Associates know the special laws, including the Death on the High Seas Act, and practices to help those left behind make effective early decisions about what to do, when to do that and how to do it. In addition to making a wrongful death claim, making a survivor’s claim for pre-death pain and suffering can be crucial to helping the remaining family to go on with their lives in a way that their beloved lost relative would have wished for them.
*FOR MORE INFORMATION, please download our PDF,
How to Make a Claim for Commercial Fishermen/Women Wrongful Death Compensation.
We offer contingency fees (no attorney fees upfront) in personal injury,
wrongful death or maintenance and cure cases.
The Who, What, When, and Why
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San Francisco, CA 94109
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