Pursuing Compensation for Fishing Injuries in Tampa
Tampa is famous for its exceptional fishing. People come from all over the world to catch over 200 fish species that swim in the Tampa Bay area – and the fishing industry employs thousands of people. But while fishing can be fun and rewarding, it can also be very dangerous. Falls, head injuries, lacerations, and even animal attacks are all possible. What can you do after suffering a fishing injury in Tampa? Can you pursue compensation?
Commercial Fishers Are Not Covered by Workers’ Compensation
If you are professionally employed as a fisher in the Tampa Bay Area, you are not eligible to file a workers’ compensation claim after suffering an injury at sea. However, you still have a pathway toward compensation. The Jones Act (also known as the Merchant Marine Act of 1920) allows you to hold your employer accountable for any injuries you sustained on the fishing vessel.
Jones Act vs. Workers’ Comp
There are major differences between the workers’ compensation program and the Jones Act. The workers’ comp program is a no-fault insurance scheme, and it prevents you from suing your employer directly. Workers’ comp covers your missed wages and medical expenses. You do not need to prove negligence in order to file a successful workers’ comp claim.
In contrast, the Jones Act allows you to sue your employer directly. In order to recover compensation through this type of legal action, you must establish negligence. Your injury might have been caused by a range of negligence, including:
- Unseaworthiness of your vessel
- Negligent acts by the captain
- Negligent acts by other crew members
46 U.S.C. § 30104 gives you the exact same rights as railroad workers in this regard.
The Longshore and Harbor Workers’ Compensation Act
Also known as the LHWCA, the Longshore and Harbor Workers’ Compensation Act provides another potential route to award compensation. If you spent less than 30% of your working hours on a fishing vessel, you may not qualify as a “seaman” under the Jones Act. As such, a claim under the LHWCA may be more appropriate. For example, you might have spent most of your time unloading fishing vessels.
The Ancient Law of “Maintenance and Cure”
Some of the oldest laws in existence are maritime laws. One example is the law of “Maintenance and Cure.” This provides similar protections compared to the Jones Act, and it allows you to pursue compensation. However, you do not necessarily need to prove your employer was negligent to obtain compensation under this law.
The Death on the High Seas Act
If you lost a loved one due to a fatal fishing accident in international waters, you may be eligible for compensation under the Death on the High Seas Act. Speak with your injury lawyer in Tampa for more information.
Work With an Experienced Workers’ Comp Lawyer in Tampa
The Franco Law Firm understands how dangerous fishing can be in the Tampa Bay Area. If you work in the fishing industry, you may be eligible for compensation. A successful claim can pay for your missed wages, medical expenses, and more. You can even sue on your loved one’s behalf if they die in a fishing accident. Reach out to our Tampa workers’ compensation lawyers to learn more about your legal options during a consultation.
Sources:
uscode.house.gov/view.xhtml?path=/prelim@title46/subtitle3/chapter303&edition=prelim
help.cbp.gov/s/article/Article-23?language=en_US
