The commercial fishing industry in California is one of the most important to the overall economy in the state. In 2020, the commercial fishing and seafood industry accounted for nearly 130,000 jobs in California, according to data from the U.S. Department of Commerce.

While working in this industry offers many opportunities for growth and stability, it also happens to be fairly dangerous. On top of the difficult nature of your day-to-day tasks, many commercial fishermen experience any multitude of accidents and injuries while on a boat in California. Despite this job security and demand, when you’ve been injured as a commercial fisherman in California, it’s important to know what to do next.

Protect Your Legal Rights With Maison Law

At Maison Law, our team of experienced California boat accident lawyers understands how difficult it can be to be injured in an accident. This is especially true when you are a commercial fisherman and you’re injured at work. As always, your first priority should be your health. An important part of your recovery will be exploring your legal options. We can help. Contact us today for a free consultation.

What Does a Commercial Fisherman Do in California?

A commercial fisherman in California is someone who:

Catches and harvests fish and seafood for commercial purposes.

Their primary job is to catch various species of fish, shellfish, and other aquatic wildlife from any of California’s oceans, rivers, lakes, and other bodies of water. While every company operates differently, most commercial fishermen are tasked with the following:

Fishing operations – Commercial fishermen use boats to catch fish and other aquatic wildlife. This requires the use of different tools like nets, traps, lines, and hooks to catch different kinds of fish from the water.
Navigating – Some fishermen actually drive the boats, making sure they go to the right fishing spots safely. They also watch the weather and follow safety rules for boating.
Catching and harvesting – Using the right tools and methods, commercial fishermen catch fish, crabs, lobsters, shrimp, clams, and other seafood. They might use things like nets that drag along the seafloor, long lines with hooks, or traps.
Sorting and processing – After catching, fishermen sort and clean the seafood. They get it ready to sell by cleaning, taking out the insides, and maybe freezing or canning it.
Boat maintenance and repair – Some fishermen are tasked with taking care of their equipment and boats to make sure everything works well and is safe.

Not surprisingly, working as a commercial fisherman is physically demanding and often involves long hours at sea. Further, it requires a deep understanding of marine biology, weather patterns, and navigation. But because it’s so physically demanding and the conditions are so taxing, accidents and injuries are fairly commonplace.

What Are Some Common Injuries Commercial Fishermen Face in California?

If you’re a commercial fisherman in California, you’re probably pretty aware of the inherent danger at your workplace. The reality is that commercial fishermen work in incredibly difficult conditions. From the physical demands to the danger of boat accidents, being hurt is always a possibility. While every accident is unique, there are certain injuries that are more common among commercial fishermen:

Musculoskeletal injuries – Strains, sprains, and muscle injuries can occur from heavy lifting, repetitive motions, and physical exertion.
Cuts and bruises – Handling sharp equipment and marine life can lead to cuts, scrapes, and abrasions.
Back and neck injuries – Lifting heavy catches and equipment can result in back and neck injuries, including herniated discs.
Fractures and broken bones – Falls, equipment accidents, and collisions can cause fractures and broken bones.
Head injuries – Impact with equipment, vessels, or falling objects can result in head injuries, including concussions.
Drowning or near-drowning – Working near water increases the risk of falling overboard, leading to drowning or near-drowning incidents.
Exposure injuries – Exposure to cold water or extreme weather conditions can lead to hypothermia, while prolonged exposure to sun and heat can cause heat-related illnesses.
Hand and finger injuries – Handling equipment, hooks, and lines can result in injuries to the hands and fingers, including cuts, fractures, and amputations.
Eye injuries – Fishermen are at risk of eye injuries from hooks, sharp objects, and foreign bodies.
Chemical or fuel burns – Handling fuel, chemicals, and cleaning agents can lead to chemical burns, skin irritation, and respiratory issues.
Fatigue-related injuries – Long hours and lack of sleep can contribute to fatigue-related accidents and injuries.
Traumatic injuries – Vessel collisions, explosions, and accidents involving heavy equipment can lead to serious traumatic injuries.
Infections – Handling marine life and working in water environments can increase the risk of infections, including cuts becoming infected.

Given the diverse range of tasks and challenges that commercial fishermen face, there is potential for a wide variety of injuries. However, no matter what the circumstances are, you have certain legal rights when you’ve been injured in an accident.

What Legal Rights Do You Have As a Commercial Fisherman in California After Being Injured?

Being injured is never ideal, but is even more frustrating if you’re hurt at work as a commercial fisherman. California law takes your safety and well-being into account if this happens, and provides you with options for holding the responsible party accountable and for protecting your employment.

From an injury perspective, you can file a claim for damages against the party that’s responsible for causing the accident–regardless if it happens during or off work hours. Like any accident, you’ll need to establish negligence to figure out who is ultimately responsible for covering your injuries. This involves showing four things:

Duty of care – The responsible person or group had a legal duty to keep you safe. For instance, your employer must take steps to prevent harm at work. If you’re injured because of a boat accident, the other driver has a responsibility to operate the boat in a safe way.
Breach of duty – If they didn’t do what they were supposed to do to keep you safe, that’s a breach.
Causation – Just showing a breach isn’t enough. You also need to prove that the breach actually caused your injury.
Damages – You must show that you suffered real harm because of the injury. It’s important to see a doctor right after to document your injuries and link them to the negligence.

With negligence established, you can proceed with filing a personal injury claim. However, if you’re hurt at work, you also have your employment to worry about. California law not only allows you to file a personal injury claim, it also protects you from any adverse action from your employer, like being fired or demoted because you got hurt.

As with any injury, your health and well-being should be your primary concern. To that end, working with our team of experienced California boat accident lawyers can help you navigate this challenging time by making sure you can recover available damages under the law.

What Can You Recover in a California Boat Accident Claim?

When you file a personal injury claim in California, you’re aiming to get financial support for the injuries you’ve suffered. Most likely, if you’ve been injured as a commercial fisherman, you’ll need medical care, ongoing treatment, and potentially even care for the emotional distress the accident caused. Legally, these “compensatory damages” are available and are intended to make up for what you’ve lost because of the accident or injury. Here are some common damages you can receive in a California boat accident claim

Medical expenses
Lost wages
Property damage
Physical and emotional pain
Reduced quality of life
Loss of companionship
Scarring or disfigurement
Punitive damages, in cases where the liable party was excessively negligent

The exact damages you can ask for in your personal injury claim will depend on your situation and the severity of your injuries. While our team can assist you in understanding all your legal choices, ultimately, you’ll need to present your case to an insurance company to secure the financial support that’s available to you. We take pride in our approach at Maison Law and can help you in this regard by:

Gathering and reviewing evidence, such as medical records, accident reports, and pertinent details.
Initiating conversations with the responsible party’s insurance company to achieve a fair settlement.
Drafting and submitting an official complaint against the liable party, and subsequently, initiating legal proceedings through the court system.
Advancing to a trial phase if the insurance company or the responsible party responsible for the injury declines the option of reaching a settlement.

Dedicated California Boat Accident Lawyers

At Maison Law, we’re well aware of how challenging the day-to-day life of a commercial fisherman is. When you go to work on a boat, you’re trying to provide for your family and help your employer with their business. But because commercial fishing carries hazards, it’s always possible that you could end up being injured in an accident.

If that happens to you, Maison Law will be there with the support you need. Our dedicated California boat accident lawyers have the skills and resources to help you through this challenging time. Don’t wait–contact us today to set up your free, no-obligation consultation.

Commercial Fisherman Injuries in California