Recoverable Damages in a Commercial Fishing Accident

The damages you could recover in a commercial fishing accident will depend on the details of the accident and the kinds of injuries you suffered. The severity of these injuries is also a factor. You will have to prove that the party that injured you did so when they exhibited negligent behavior. We can help you make a case for negligence based on the facts and evidence available. If your case is successful, you could be awarded compensation to cover damages you could document with paperwork as well as those damages that have no assigned dollar amount. These include:

  • Medical expenses (past, current, and ongoing)
  • Lost wages and benefits
  • Reduced earning ability
  • Maintenance and cure (recovery benefits for injured seamen that come from their employer)
  • Temporary or permanent disability
  • Disfigurement
  • Emotional distress, pain and suffering

Our lawyer can help you uncover all damages you are due and calculate them to determine what your case is worth. This figure is what we would ask for in talks about your compensation. We will manage negotiation talks and seek fair compensation for you from the liable party. If negotiations do not produce a settlement agreement, we could pursue a lawsuit on your behalf.

Wrongful Death Lawsuits

If your loved one died from injuries suffered in a commercial fishing accident, you may be able to recover damages from a wrongful death action. Louisiana law designates who can pursue these damages, so we must determine your eligibility to seek this kind of action.

If you are awarded compensation in a wrongful death suit, the damages awarded could help you pay your loved one’s funeral and burial expenses, final medical bills, loss of financial support, and more. We can review the specifics of your case during a free consultation.

Our Lawyers Can Represent You in Your Commercial Fishing Accident Case

A New Orleans commercial fishing injury attorney can help you pursue your case. The legal professionals at Laborde Earles Injury Lawyers could take the lead in investigating the cause of your injuries, evaluating the boat owner’s role in the incident, explaining your rights under federal law, and filing lawsuits that demand every dollar of compensation to which you may be entitled.

We Have a History of Successful Case Resolutions for Maritime Workers

You need a law firm that can back up its claims with real results. Our team understands maritime law and is dedicated to fighting for the rights of our nation’s essential workers. Among our other verdicts and settlements, our firm has a 5.5 million dollar settlement for an injured maritime worker.

We would love the opportunity to win a financial award for your case, too. We know how much these settlements can improve the quality of life of injured parties and their families. Our goal is to be the driving force in achieving a settlement that can help you move forward and recover in peace.

Commercial Fishing Boat Owners Are Exempt from Workers’ Compensation Laws

A general concept that applies to labor laws around the country is that employers must provide workers’ compensation insurance protection to all their employees. These plans provide medical care at no cost to the worker and cash benefits for all time missed at work because of the injury.

Unfortunately, the maritime industry is one portion of the economy that is exempt from these laws. The idea at the time of the exemption was that boat workers do their jobs off the coasts of numerous states or even in international waters. As a result, it was difficult to place the location of the workplace in any one state.

Jones Act Protects Maritime Workers

The United States Congress reacted by passing the Jones Act. According to 46 United States Code § 30104, maritime workers who suffer an injury while performing their jobs have the right to directly sue their employers in federal court. These lawsuits can demand compensation that makes up for the costs of medical care, lost wages, and other damages.

A New Orleans commercial fishing injury lawyer could work to explain why injuries that occur on boats do not fall under the jurisdiction of workers’ compensation. They could also assist you to better understand the Jones Act and how it controls your demands for payment after an injury. For a free legal consultation with a commercial fishing injury lawyer serving New Orleans, contact us today.

branded accent

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

Compensation Is Only Possible When a Boat Owner’s Actions Caused an Injury

In addition to the requirement that injured people pursue lawsuits in federal court after a commercial fishing injury, another portion of the law makes it more difficult to collect compensation as compared to a traditional workers’ compensation claim. An injured boat worker must prove that the boat owner’s own actions caused the incident.

By contrast, a workers’ compensation claim must merely prove that an injury occurred while an employee was on the clock and performing their work duties. In Jones Act claims, the injured worker bears the burden of proving the boat owner’s fault. This may include a failure to properly maintain the vessel, inadequate training, improper safety precautions, faulty equipment, or the vessel being unseaworthy.

Gathering evidence of these failures to protect workers is often the first step in any successful lawsuit under the Jones Act. Our personal injury lawyers can begin the process of gathering evidence that shows how the boat owner’s failure to protect you led to your losses. Give us a call today to learn more.

Common Reasons for Commercial Fishing Accidents

Per the Centers for Disease Control and Prevention (CDC), work conditions, hard labor, long hours, and extreme weather conditions all make commercial fishing one of the most dangerous occupations in the United States. People can suffer injuries from any of the following:

  • Slipping, tripping, or falling while aboard a vessel
  • Falling overboard
  • Flooding
  • Exposure to extreme weather (too hot or too cold)
  • Mechanical problems aboard the vessel
  • Deck machinery accidents
  • Equipment-related accidents
  • Repetitive motion injury (lifting, bending, twisting injuries over time)

The federal agency cites data that shows hazards, such as flooding and vessel instability, in the commercial fishing industries cause hundreds of deaths in past years. Crew members can also cause accidents due to negligence or carelessness. If any of the above resulted in your injury, you can reach out to us as soon as you can to learn how our attorney can help your case.

Federal Law Places a Strict Time Limit to Demand Compensation Under the Jones Act

A final piece of the puzzle in many personal injury claims that utilize the Jones Act is the statute of limitations. The statute of limitations is a law that places a time limit on a claim for damages resulting from a personal injury. A failure to file a lawsuit in court within this time limit could see the court dismissing the claim out of hand.

Under 46 United States Code § 30106, the statute of limitations on Jones Act claims is three years from the date of the incident. A New Orleans commercial fishing injury lawyer could get to work immediately to build a powerful case against the owners of your boat and file your lawsuit on time.

Let a New Orleans Commercial Fishing Injury Lawyer Take the Lead in Your Claim for Compensation

Injuries that occur on commercial fishing boats that name New Orleans as a port of call are common. Incidents that involve fishing line snares, slippery decks, dangerous weather, and poorly maintained vessels can result in injuries that threaten not just your health but also your ability to earn a living.

A New Orleans commercial fishing injury lawyer could help you pursue your case, including performing a full investigation into the incident, explaining your legal options, measuring how the incident has impacted your life, and seeking fair payments from at-fault boat owners.

Client Testimonials Hear from locals like you.

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica wa...

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica was professional, knowledgeable, and attentive to every detail. She took the time to explain each step of the process, answered all of my questions thoroughly, and made sure I always felt supported and informed.
Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
I highly recommend Erica Ducote to anyone in need of a skilled, reliable, and compassionate paralegal. She truly goes above and beyond!

m
maddie jo

Marksville

Courtney Marsh has a positive attitude and great attention to detail in her work!

R
Rhonda C.

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

P
Patrick Conner

Baton Rouge

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

H
Hannah Johnson

Baton Rouge

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

M
Matt Picard

New Orleans

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

S
Sylvia Roy

New Iberia

Eryn Laughlin is a good employee, we love her!

a
anonymous

Car Accident

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

S
Sarah Jorden

Marksville

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated Toxic Water Claim. Mr. John Chaillot has been instrumental in advising me on documentation, timelines, and all matters pertaining to my case. A true professional and appreciated. Thank you.

S
Stephan C.

Over 1,700 5-Star Reviews

Read More Testimonials

Call Us Today for a Free Consultation

The legal professionals at Laborde Earles Injury Lawyers are standing by to take your call. Reach out to us today for your free consultation. As we work on contingency, you will not have to pay us any upfront or out-of-pocket costs. We take our fee out of your financial award should you be compensated. If not, you owe us nothing.

View More Articles Trusted Voices Sharing What Matters

closeup of a car with a crashed hood

Blog Louisiana’s New Comparative Fault Law (2026): What the 51% Rule Means for Your Compensation

If you were injured in Louisiana, a recent change in the law could determine whether you recover compensation or nothing at all. As of Janua...

Read Full Article
woman in neck brace talking to lawyer

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(504) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 223-9925.