What Happens After a Commercial Fishing Accident?

For many fishing workers, the year is shaped by tides, seasons, and the rhythm of departures and returns. You head out long before daylight, haul gear through weather that changes by the hour, and share close quarters with a crew that starts to feel like family.

When an injury happens, it disrupts an entire way of life. It can take you off the water at the worst possible time, leave your household without income, and force you to navigate laws that feel far removed from the realities of commercial fishing. This guide breaks down what you need to know, whether you’re a crew member, a processing-vessel worker, or a family trying to understand what comes next.

The Pressures That Shape Safety

Fishing is demanding even under the best conditions. Crews push through long shifts because the season is short and every haul matters. Captains make judgment calls based on weather patterns, quotas, and timing. Gear gets repaired at sea, sometimes more than once, and everyone learns to work around equipment that’s been pushed hard year after year.

These pressures don’t automatically cause injuries, but they do create an environment where small problems can quickly turn serious. Processing-vessel workers face constant repetition on fast-moving lines, cold working environments, and tight deadlines tied to the catch schedule. Shoreside workers, too, feel the pressure of peak seasons and unpredictable vessel arrivals.

If a captain pushed through weather that should have paused operations, if equipment wasn’t serviced because the season was too busy, or if an understaffed crew led to rushed, unsafe work, those decisions may strengthen your claim and expand the types of compensation you can pursue.

Patterns Behind Fishing Injuries

Unlike more predictable maritime operations, commercial fishing has its own risk patterns rooted in the work itself:

• Peak-season fatigue: Long hours increase the chances of mistakes or slowed reaction times.
• Improvised or aging gear: Lines, drums, and hydraulic systems see constant stress and may need repair mid-season.
• Crew turnover: Seasonal hiring brings varying levels of experience and training.
• Weather-driven decisions: Sudden shifts in wind, current, or visibility can turn a routine haul into a dangerous one.

Within these patterns, injuries may arise from pot-hauler failures, snapped lines, crush injuries from shifting loads, engine‑room repairs in rough water, or processing‑line equipment malfunctions. No two incidents are the same, but the underlying dynamics often are.

Your First Priorities After an On-the-Job Injury

In the fishing world, the first few minutes and hours after an injury matter because the vessel or plant may need to keep moving. The following steps can help protect your health, future well-being, and your rights:

1. Get treated (and make sure it’s documented.) Whether you’re treated by the captain, an engineer, or a first-aid lead, ask for the care to be written down. If symptoms worsen, say so.
2. Confirm the incident is logged. Fishing vessels keep trip and catch logs that often double as operational records. Ask for the incident to be entered promptly and accurately.
3. Preserve what you can before the work resets. Take photos of the gear, deck conditions, or equipment involved. Note who was nearby. On processing vessels or in plants, document the line setup or machinery configuration.
4. Avoid making statements or signing paperwork under pressure. Companies may want quick written accounts. You don’t have to sign anything until you understand the implications.

Your Rights Under Maritime Law

Maritime law doesn’t always fit neatly into everyday fishing work, so here’s a practical way to think about it.

At‑Sea Crew (Deckhands, Engineers, Mates, Captains)

If your work involves hauling gear, maintaining engines, navigating, or otherwise contributes to the vessel’s mission, you may qualify as a seaman. Seamen can pursue claims under:

• Jones Act negligence: if unsafe practices, broken gear, or poor decisions contributed to your injury.
• Unseaworthiness: if the vessel or its gear wasn’t reasonably safe.
• Maintenance & cure: covering basic living expenses and medical treatment until you reach maximum medical improvement.

Processing‑Vessel Crew

Some processors qualify as seamen, while others may have different rights depending on their specific job duties and time spent aboard. Your role determines the protections that apply, and an attorney can help you understand where you fit within the guidelines.

Shoreside Workers

Plant employees, fleet support staff, and contract workers may be able to bring claims against negligent third parties, such as equipment manufacturers or companies providing faulty machinery.

Families After Fatal Incidents

If a loved one is lost overboard or dies due to unsafe conditions, families may have the right to pursue claims for financial losses and other damages under maritime wrongful death laws.

Next Steps for Injured Commercial Fisherman

Getting hurt in this line of work is never simple. One day you’re doing what you’ve always done, and the next you’re trying to sort out medical care, time off the water, and how your family is going to make it through the season without your income. It’s a lot to handle, and you shouldn’t be expected to make sense of it alone.

Many workers don’t realize that company decisions made days or weeks earlier can shape the conditions that led to an injury. When those choices contributed to what happened, the law may give you options to recover lost wages and access the medical care you need moving forward.

This is the moment where Morgan & Morgan has made a difference in thousands of lives. When the company has the power, the paperwork, and the upper hand, you deserve a team that can level that playing field. Our attorneys have the resources and reach to take on large fishing companies, and we move quickly so you’re not left carrying this burden alone.

If you or someone in your crew has been hurt in commercial fishing, whether offshore, aboard a processor, or in a shoreside facility, you deserve answers and real support. Our 1,000+ trial-ready attorneys are here 24/7, and you pay nothing unless we win.

Get started today with a free, no-obligation case evaluation. 

Frequently Asked Questions

1. Who qualifies as a “seaman” under the Jones Act when working in commercial fishing?

A worker typically qualifies as a seaman if they spend a significant amount of their time contributing to a vessel’s mission. Deckhands, engineers, captains, and many processing‑vessel workers fall into this category. Your actual duties, not your job title, determine whether the Jones Act applies.

2. What types of compensation are available if I’m injured aboard a fishing vessel?

Depending on the circumstances, you may be able to recover medical costs, lost wages, future lost earning capacity, and compensation for pain and suffering. Seamen are also entitled to maintenance and cure, which covers basic living expenses and medical care while you recover.

3. How long do I have to file a Jones Act or maritime claim after a fishing‑industry injury?

Most Jones Act claims must be filed within three years, but deadlines can vary based on the details of your case. Some employers and fleet operators also have notice requirements that come up much sooner. Speaking with a maritime attorney early helps protect your rights.

4. What’s the difference between a Jones Act claim and workers’ compensation for fishing workers?

Seamen are generally not covered by state workers’ compensation systems. Instead, they have rights under maritime law, including the Jones Act and maintenance and cure. Shoreside workers and plant employees may fall under workers’ compensation or may have separate negligence claims depending on the situation.

5. Can I choose my own doctor after a fishing‑vessel injury?

In many cases, yes. You’re not always required to rely solely on a company‑selected doctor. Getting an independent medical evaluation can help ensure your injuries are properly documented and treated.

6. Does my claim still count if the vessel was foreign‑flagged or operating in foreign waters?

It can. Many commercial fishing operations involve foreign‑flagged vessels or international waters, and U.S. maritime law may still apply depending on how and where you were employed. An attorney can help determine which laws cover your situation.