Crab Boat Accident Attorney

How a Crab Boat Injury Lawyer Can Represent You Under the Jones Act

The compensation under the Jones Act is different than workers compensation and can cover various damages, including:

• Medical Expenses: All past, present, and future medical costs related to the injury, including surgery, hospitalization, rehabilitation, and any necessary medical equipment or medication.
• Lost Wages and Earning Capacity: Compensation for lost wages during the recovery period, and if the injury results in a long-term or permanent disability, compensation for the loss of future earning capacity.
• Pain and Suffering: Damages for physical pain, emotional distress, and suffering endured as a result of the injury.
• Living Expenses (Maintenance and Cure): The employer is required to cover the injured seaman’s living expenses (maintenance) and medical treatment (cure) until maximum medical improvement is reached.

Death on the High Seas Act (DOHSA):

In cases where a crab boat accident results in the death of a seaman, the Death on the High Seas Act (DOHSA) provides compensation to the seaman’s family. This act applies to deaths occurring more than three nautical miles from the shore. The compensation under DOHSA typically includes:

• Pecuniary Losses: This means financial support that the deceased would have provided to the family, such as lost wages and benefits.
• Funeral Expenses: Compensation for the costs of the funeral and burial.

In addition to the Jones Act and DOHSA, general maritime law also provides avenues for compensation. Under this law, families of deceased seamen can pursue a wrongful death claim, which may include additional damages such as loss of consortium, which compensates for the loss of companionship and care provided by the deceased.

However, the circumstances of each case are unique. Claims under the Jones Act require seamen to prove their injuries were directly related to the vessel owner’s negligence. 

The law also has strict time limits for filing claims, waiting to file could cause you to lose valuable rights. As time passes, it may be harder to connect injuries to the vessel they occurred on.

For these reasons, you must reach out to a crab boat accident attorney as soon as possible after you or a loved one has been injured on a crab boat.

Are Crab Boat Accidents Common?

A crab boat accident typically happens because of the negligence of the company in hiring the crew. If you feel you’ve been harmed by a lack of safety precautions in your profession, reach out online or by phone at (832) 690-7000.

Imagine your “office” is an open-air deck rolling back and forth on the frigid, tumultuous waves of the Bering Sea. 

The office equipment consists of several 700-pound steel crab pots, countless cables, bait bags, and survival suits. A good night’s sleep is practically impossible to come by. A storm is brewing, and you have a quota to fill.

Commercial crab fishing is not a job for the faint of heart. The costs of building and maintaining a crab boat is mind-bogglingly expensive. 

The working environment is fast-paced with high stakes in one of the world’s most unforgiving climates – a deep water basin separating two continental shelves.

For many years, crab fishing held the title of world’s most dangerous job. The chances of being injured on the job is almost guaranteed. 

The U.S. Bureau of Labor Statistics reports 97% of all crab boat fatalities were caused from a worker falling overboard. It’s a billion-dollar business to put seafood on American dinner tables, and many fishermen feel it’s well worth the risk.

General maritime law and the Jones Act protects crab fishermen who have been injured on the job by providing compensation for medical expenses, lost wages, pain and suffering.

The attorneys of Pierce Skrabanek have decades of experience working on maritime law and Jones Act cases. If you’ve been injured while working on a crab boat, our committed team of maritime attorneys want to secure you maximum compensation, so you can focus on healing.

Common Crab Boat Injuries

Considering the unforgiving natural hazards and heavy machinery, even the most vigilant deckhand or engineer is bound to be injured at least once in their career as a crab fisherman.

Drowning remains the number one cause of death among crab fishermen, either from falling overboard or due to a boat capsizing. Other injuries may range from minor to major and can include:

• Broken bones
• Hypothermia
• Sprains and strains
• Cracked ribs
• Frostbite
• Slip and fall
• Loss of hearing or vision
• Traumatic brain injury
• Hand, wrist and foot injuries

Losing a friend and fellow crab fisherman takes an emotional toll on the close-knit crab fishing community. It’s not uncommon for a crew member who has survived a capsized vessel or sinking event to suffer from post-traumatic stress disorder. Other illnesses such as heart attack, pulmonary embolism, or pneumonia may befall the captain or crew.

Immediate Steps After the Accident

• Notify Your Employer: Immediately report the accident to your employer or supervisor. Make sure the incident is officially documented, which is necessary if you wish to pursue legal action. Prompt reporting can also prevent disputes over the timing and details of the accident.
• File an Accident Report: If your employer requires a written report, complete it promptly and accurately. Include all relevant details, such as the date, time, location, and circumstances of the accident. This report serves as an official record and can be vital evidence in your case.‍
• Get Immediate Care: Seek medical attention right away, even if injuries seem minor. Have your injuries documented by a healthcare professional, which can prove the extent of your injuries. Timely medical care can also prevent complications and provides a clear link between the accident and your injuries.‍
• Keep Medical Records: Retain all medical records, including treatment plans, prescriptions, and bills. These documents will serve as evidence of the severity and impact of your injuries. Detailed medical documentation strengthens your claim by demonstrating the need for ongoing care or compensation.

Documenting the Scene and Incident

• Capture the Scene: Use your smartphone or camera to take photos and videos of the accident scene, including any hazards, equipment, or conditions that contributed to the accident. This visual evidence can be powerful in showing the unsafe conditions that led to the incident. Ensure that you capture multiple angles and any relevant details that might support your case.
• Photograph Injuries: Document any visible injuries immediately after the accident and as they progress. These images can help demonstrate the severity of your injuries and provide a timeline for your recovery. Consistent documentation of injuries can also counter any claims that the injuries were pre-existing or not related to the incident.‍
• Gather Witness Statements: Identify any crew members or other witnesses who saw the accident. Ask them to provide written or recorded statements describing what they observed. Witness statements can corroborate your account of the accident and provide additional perspectives that support your case.‍
• Collect Contact Information: Obtain the contact details of witnesses in case further testimony is needed. This ensures that you or your attorney can reach them later if more detailed statements or depositions are required. Maintaining communication with witnesses can be crucial, especially if the case goes to trial or requires mediation.

Preserve Physical Evidence

• Keep Faulty Equipment: If the accident was caused by defective equipment or gear, ensure that it is preserved in its post-accident condition. This evidence demonsrates negligence and/or liability. Properly preserving the equipment prevents tampering or deterioration, which could weaken your case.
• Photograph and Store Safely: Take detailed photographs of the equipment, highlighting any damage or defects, and store it securely. This visual documentation will support your claim by showing the exact condition of the equipment at the time of the accident. Secure storage ensures that the equipment remains in its original state for inspection by experts or legal teams.‍
• Record Environmental Factors: Note the weather, sea conditions, and other environmental factors at the time of the accident. This information establishes the context of the incident and presence of hazardous conditions. Accurate records of environmental factors can help explain how these conditions contributed to the accident.‍
• Use Official Records: Obtain official weather reports, sea condition logs, or any relevant data from the vessel's instruments. These documents can provide objective evidence that supports your claims about the conditions at the time of the accident. Combining personal observations with official records strengthens the credibility of your case.

Legal Documentation and Expert Testimony

• Emails and Text Messages: Save any communication with your employer or colleagues related to the accident, especially if they discuss safety issues or the incident itself. These communications can provide insight into the employer’s knowledge of hazardous conditions or their response to the accident. They can also reveal any attempts to influence your account of the events.
• Log All Interactions: Keep a detailed log of any discussions with your employer, insurance companies, or legal representatives regarding the accident. This log will help you track the progression of your case and ensure that all interactions are documented. Detailed records of communications can be vital if there are disputes over what was said or agreed upon.‍
• Maritime Experts: Consider hiring maritime experts who can analyze the evidence and provide expert testimony on issues like vessel safety, operating procedures, or industry standards. Expert testimony can be highly persuasive in demonstrating that negligence occurred. Engaging an expert early in the process can also help in identifying additional evidence that may be needed.‍
• Medical Experts: If your injuries are severe or complex, consider obtaining a medical expert’s opinion. They can assess the long-term impact of your injuries and provide testimony on the necessity of ongoing treatment. This can be particularly important in cases where the extent of future medical needs is disputed.

“My experience with Mr. Skrabanek was honestly far better than all expectations that we had. He took care of us like we were family, making sure me and my wife always felt like a priority and walked us through all of the concerns that we had. If you are looking for a professional who truly cares for his clients you can stop the search. You won’t be disappointed.”

-Daryl M.

Crab Fishing: Not Your Average Workforce

It only took one season of The Deadliest Catch for the average American to understand just the dangers and stress of the crab fishing industry. 

Ten seasons later, we still can’t look away. Crab fishing isn’t just a job, it’s a community of courageous men who continue their work despite the knowledge that some of them will never return home.

A typical crab boat will have a captain, an engineer, a few deckhands, and a greenhorn, or a rookie. Crabbing vessels aren’t very long, typically under 250 ft. The deck is packed with steel crab pots, making the workspace cramped in addition to wet, constantly rolling, and freezing.

Crab boat crews spend 3-4 months at a time braving 70-foot waves and the cold temperature of the Bering Sea. 

Their shifts may last as long as 20 hours before any one of them has a chance at even a short nap. The captain relies on intuition to find the best fishing spots and may go as many as 36 sleepless hours before handing over the helm.

For deckhands, manning the hydraulics requires unparalleled focus. The slightest mistake can be painful, if not deadly. 

For instance, a cameraman filming for the popular TV show fell through the boat’s crab hatch and broke three ribs. A greenhorn could have easily made the same mistake. On a crab boat, you have to be alert at all times.

Crab Fishing in the United States

Blue crab is harvested in the balmy waters of the Gulf of Mexico. There are still plenty of storms and hurricanes for fishermen to contend with, though not nearly as treacherous as the Bering Sea. 

The threat of drowning due to freezing water temperatures is greatly diminished.  Crab boat crews must remain vigilant for falling cables, misfired hydraulic arms, and equipment malfunction.

Crab Fishing Industry Improvements

Before 2006, the crab fishing industry ran on a derby system. Boats would register to fish for as much crab as they could catch in four days. 

Once the season started, hundreds of vessels and their crews would rush into the Bering Sea or Gulf of Mexico, trying to catch a million-dollar crab payload in as little time as possible.

It’s easy to see how this added pressure almost guarantees injuries and fatalities to occur. Many times, eager seamen would overload the deck with pots full of king and blue crab, causing the boat to capsize.

Hoping to improve safety and preserve other species of crab caught up in the traps, the individual fishing quota system was put into place. 

Now crab boat owners have the whole season, instead of mere days, to fulfill their quota. Despite the slower pace of crab fishing, injuries on the boat are still rampant. There’s still human error, negligence, and unseaworthy vessels to contend with.