Every time that professional fishermen leave for work, they face a noteworthy degree of risk. Families often learn to accept the possibility of a loved one ending up hurt because of their profession. For more than 30 years, professional fishing has topped the list of the most dangerous careers across the United States.
Many professional fishermen working in Florida are very skilled, dedicated professionals. However, it only takes a machinery malfunction or a mistake by a coworker to put their lives in danger. Sometimes, vessels return without all of their crew. Other times, vessels don’t return at all.
Families grieving the loss of a professional fisherman who died on the job may want to hold the right party accountable. Seeking justice for fishermen and other maritime professionals can be more complicated than pursuing compensation for terrestrial tragedies.
Workers’ compensation doesn’t apply offshore
Many families who lose loved ones because of work safety issues have a relatively simple means of obtaining compensation. Workers’ compensation benefits can provide death benefits to surviving family members when people die at work in most cases.
However, workers’ compensation does not apply to offshore employees. Maritime workers who do their jobs out on the open ocean have different legal protection than those who work on land. Injured workers sometimes have to take legal action to secure compensation for lost wages and medical costs. The Jones Act protects injured employees by allowing them to hold their employers accountable for the cost of their medical care and lost income.
When people lose their loved ones to a maritime workplace incident, like a tragedy on a fishing vessel, the Death on the High Seas Act (DOHSA) is what provides the basis for legal action. Families can request compensation for economic losses. DPHSA claims differ from standard wrongful death lawsuits because plaintiffs cannot seek non-economic losses or punitive damages. However, they can potentially recover costs related to the loss of a worker’s wages and burial expenses.
Exploring legal options for compensation after a maritime tragedy involving a professional fisherman can potentially help families cover the financial losses triggered by the incident. Those who obtain assistance have the best chance of understanding their options and achieving economic justice.