Factory Trawler Accidents
Fish processors and others working on factory trawlers have hazardous jobs, even compared to other maritime professions. Factory trawler accidents can cause serious injuries, including:
- Crushed or shattered bones
- Major cuts
- Avulsion injuries
- Trauma to the head, neck, or back
- Loss of limbs
If you have suffered injuries in a factory trawler accident, contact Anderson Carey Williams & Neidzwski, LLP. Our attorneys can help you navigate these difficult times and recover the compensation you are entitled to.
Washington, Alaska, Oregon, and California Factory Trawler Accident Lawyers
If you have been injured in a factory trawler accident, you should seek a qualified maritime lawyer that can represent you in your case. Under the Jones Act and general maritime law, you may be entitled to recover compensation for your injury if it was caused by defective equipment or the negligence of an employer. Anderson Carey Williams & Neidzwski, LLP can help you secure the damages you need to recover financially.
For a free consultation with Anderson Carey Williams & Neidzwski, LLP, call 1 (800) 262-8529. We serve clients in Washington, Alaska, Oregon, and California.
- Potential Causes of Injuries From Factory Trawler Accidents
- Compensation for Injuries From A Factory Trawler Accident
- Statute Of Limitations (SOL)
- Additional Resources
Injuries from factory trawler accidents may be caused in a variety of ways. Some potential causes are:
- Improper assembly or calibration of the factory trawler or other machinery/equipment used in the operation of the factory trawler
- Defective systems in the factory trawler or other machinery
- Improper maintenance of the factory trawler or other machinery/equipment
- Mechanical failures of the factory trawler or other machinery/equipment
- Excessive speed of the factory trawler or other machinery/equipment
- Equipment overload
- Safety equipment for the factory trawler not provided or otherwise inadequate for the job
- Fatigued or overly tired employees operating the factory trawler or other equipment
- Lighting not sufficient for safe operation of the factory trawler
- Poor training related to the use and safety of the factory trawler
- Not enough people working on the factory trawler to create a safe environment
- The factory trawler or other equipment not safely and adequately secured
Depending on case specifics, multiple avenues to compensation might be available to an individual injured in a factory trawler accident.
Maintenance And Cure
If an individual is injured by a factory trawler, one possible source of compensation may be the common law concept of maintenance and cure. This doctrine requires employers to compensate injured seaman by paying for their basic expenses while they heal (maintenance) and medical expenses (cure).
The Jones Act
Another possible source of compensation may be the Merchant Marine Act of 1920, also known as the Jones Act, which allows an injured seaman to bring a claim for an injury caused by their employer’s negligence and have trial by jury. If the negligence of an employer or a crew member contributed at all to the injury, a claim may be brought under the Jones Act, even if the contribution was minimal. In a case filed under the Jones Act, an injured individual may seek damages for lost earnings, lost earning capacity, medical expenses (past, present, and future), pain and suffering (past, present, and future), and mental anguish (past, present, and future).
The doctrine of unseaworthiness holds that if a ship (such as a factory trawler) is not seaworthy, the ship’s owner may be liable for any injuries that occur on the ship.
The Longshore and Harbor Workers’ Compensation Act
If an individual is injured working on a factory trawler or in proximity to a factory trawler while unloading or repairing the vessel and the individual is not a seaman (e.g., they are a longshoreman or harbor worker), they may be entitled to compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA) from their employer They may have a third party lawsuit for damages against the vessel.
The Death on The High Seas Act
If an individual’s spouse, parent, or child died while working on a factory trawler at sea, they may be entitled to compensation under the Death on the High Seas Act. This federal law requires negligence or a wrongful act against the victim for the individual to recover.
- Maintenance and cure: 3 years
- Jones Act: 3 years
- Doctrine of unseaworthiness: 3 years
- LHWCA: 1 year for comp claims from the employer and 3 years for negligence claims against the vessel
- Death on the High Seas Act: 3 years
OSHA Fall Protection Guide – A fall protection safety fact sheet provided by OSHA.
OSHA Standards for Marine Equipment – To learn more about standards for marine equipment, the United States Department of Labor Occupational Safety and Health Administration has released a brochure.
Factory Trawler Accident Attorneys | Washington, Oregon, Alaska, California
If you or a loved one were injured in a factory trawler accident, the maritime lawyers at Anderson Carey Williams & Neidzwski, LLP know what it takes to achieve a successful outcome. We can determine the source of the negligence and secure optimal compensation for your injuries. With over two decades of experience in maritime law, our attorneys can build a successful legal strategy for your case.
To schedule your first consultation with Anderson Carey Williams & Neidzwski, LLP, call 1 (800) 262-8529. We frequently litigate in Washington, California, Alaska, and Oregon and represent clients nationwide.