Workers throughout America have to be extra careful when working with machinery in their employment. But, for those who are employed aboard fish processing vessels in the waters of Alaska, the danger can be amplified. Not only do fishing industry workers have to use machinery such as skinners, bait choppers and fish headers, they have to do so while aboard… The post The Fishing Vessel Safety Act and machine safety first appeared on Trueb Berne & Beard, LLP ..read more

The Alaska Fisherman’s Fund was established in 1951, and is overseen by the Commissioner of Labor and Workforce Development.  The fund provides for the payment of treatment and care of licensed commercial fishermen who have suffered injuries during on shore or off shore fishing in Alaska. Eligibility for benefits under the Fund Following are the eligibility criteria to claim benefits… The post Filing a claim under the Alaska Fisherman’s Fund first appeared on Trueb Berne & Beard, LLP ..read more

If you are injured in a maritime accident in Alaska, you can recover various types of damages. These damages generally include lost income, medical costs, and pain, suffering and loss of enjoyment of life. If you are part of the vessel’s crew, you have damage claims under the Jones Act and general maritime law claims for unseaworthiness.  While damages for… The post How can I prove pain and suffering after a maritime accident? first appeared on Trueb Berne & Beard, LLP ..read more

Deckhands and fishermen in Alaska often suffer injuries while on the job, due to the dangerous nature of the work performed. Some of the primary tasks may include: Loading and unloading equipment. Tying up and untying the ships. Loading and securing cargo. Cleaning and maintenance. Fueling. Performing repairs. With so many responsibilities, deckhands and fisherman are often at risk for… The post Compensation for deckhands and injured fishermen first appeared on Trueb Berne & Beard, LLP ..read more

When you are injured while working at sea, you are generally entitled to maritime benefits called “maintenance and cure.” These terms refer to a specific type of benefit available to workers injured at sea, similar to a workers’ compensation claim for those who work on land. “Maintenance” refers to an employer’s obligation to provide an injured seaman with their basic… The post What happens if my employer fails to pay maintenance and cure? first appeared on Trueb Berne & Beard, LLP ..read more

In maritime law, a vessel is deemed “seaworthy” if it is reasonably fit for its intended purpose. This encompasses not only the vessel’s structural integrity, but also its equipment and crew. The hull, machinery, tackle, gear and all other apparatus must be in good condition and meet the standards set by the Code of Federal Regulations. Essentially, everything on the vessel must be adequate and functional for the operations it will perform. Evaluating a vessel’s seaworthiness Several factors contribute to determining a vessel’s seaworthiness. One critical step is an inspection by the Coast Gua ..read more

Getting seafood from the ocean to the consumer’s table is a long process marked by many arduous and dangerous jobs. The men and women who work in this industry face constant hazards of injury imposed by their working conditions. Some of these hazards are intuitively obvious, such as damage to limbs from cutting machinery, or illness caused by bacteria and viruses carried by the fish that are processed, but others are more subtle. One of the most subtle, but most injurious hazards, is excessive fatigue caused by working conditions and an employer’s demand for excessive working hours. The danger ..read more

Commercial fishing can be incredibly dangerous. Every day, those who work in this profession put their safety and even their lives on the line. And when something goes wrong, these injured workers can struggle to cover their medical expenses and recover their lost wages. This can make it hard for them to make ends meet, which can also put them at risk of home foreclosure, vehicle repossession, and other unwanted financial consequences. Fortunately, these workers might be able to recover the compensation they need through a maritime law claim. But what sort of commercial fishing injuries might ..read more

One person is dead and another is injured after a 58-foot seine vessel, the F/V VIS, struck a 20-foot Hewescraft skiff near Petersburg in Southeast Alaska. The accident occurred on the morning of June 5 in the Wrangell Narrows between Kupreanof and Mitkof Islands. According to local media, the VIS struck the Hewescraft in a t-bone collision. It is unclear whether the Hewescraft was underway at the time of the accident. The cause of the accident remains under investigation. The injured boater from the Hewescraft was rescued from the water by a nearby good Samaritan vessel. The survivor was take ..read more

Dealing with the loss of a loved one is never easy. But figuring out how to navigate the legalities of it all can make matters worse. In this post, we want to briefly compare two relevant laws that may come into play when a worker dies at sea. The differences between the Jones Act and the Death on the High Seas Act Both of these laws apply to worker deaths at sea. However, the Jones Act is applicable when that death occurs on navigable U.S. waters whereas DOHSA only applies to deaths that occur at least three nautical miles from a U.S. shore. Both laws generally require a showing of negligence ..read more