Suing for Commercial Fishing and Lobstering Injuries Under the Jones Act in Maine

Commercial fishing and lobstering are the lifeblood of Maine's coastal economy. From the busy docks of Portland and Rockland to the rugged harbors of Bar Harbor, maritime workers face some of the most dangerous working conditions in the United States. Slippery decks, heavy hauling equipment, and unpredictable Atlantic weather lead to severe, life-altering injuries. If you are a sternman on a lobster boat or a deckhand on a commercial trawler, traditional state workers' compensation does not apply to you. Instead, your rights are protected by a powerful federal law known as the Jones Act.

Navigating federal maritime law is incredibly complex. Employers and vessel owners often have high-powered insurance companies fighting to deny your claims. You do not have to fight them alone. You can find an experienced maritime injury attorney in our USA Lawyer directory to help you pursue maximum compensation for your medical bills, lost wages, and suffering.

Step-by-Step Process in Maine

Pursuing a maritime injury claim requires proving that your employer or the vessel owner was negligent, or that the vessel itself was unsafe. Most of these cases are filed in federal court. Here is the typical step-by-step process.

Step 1: Reporting the Injury and Securing Medical Care

The moment an accident occurs on the water, report it to your captain immediately. The vessel operator is required to log the incident and, for serious injuries, file Form CG-2692, FED, U.S. Coast Guard, Report of Marine Casualty. Seek medical attention as soon as you reach the shore. Under general maritime law, you have the absolute right to choose your own doctor. Do not let your employer force you to see a 'company doctor' who might downplay your injuries.

Step 2: Demanding Maintenance and Cure

Regardless of who was at fault for your injury, you are legally entitled to 'maintenance and cure.' Maintenance is a daily living stipend to cover your rent, utilities, and food while you cannot work. Cure covers all reasonable medical expenses related to your injury until you reach maximum medical improvement. If your employer refuses to pay these basic benefits, an attorney can file a claim to force compliance.

Step 3: Determining Jones Act Negligence

Under the 46 U.S.C. § 30104, you can sue your employer if their negligence played even a minor role in causing your injury. This is a much lower burden of proof than standard personal injury cases. If the captain made a reckless decision in a storm, a crewmember dropped gear on you, or the company failed to provide adequate safety training, your employer can be held liable.

Step 4: Claiming Unseaworthiness

In addition to the Jones Act, you may have a claim under the general maritime law of 'unseaworthiness.' Vessel owners have an absolute duty to provide a ship and equipment that are reasonably fit for their intended use. If a winch snaps, a hauling block fails, or the deck lacks proper non-skid surfacing, the vessel is unseaworthy. Precedents like Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (US Supreme Court 1960) illustrate that courts hold vessel owners strictly accountable for equipment failures that injure crewmen.

Step 5: Filing the Federal Lawsuit

If the insurance company refuses to offer a fair settlement, your attorney will file a formal lawsuit. In Maine, these maritime cases are typically filed at the U.S. District Court for the District of Maine, Portland or the U.S. District Court for the District of Maine, Bangor. Your lawyer will submit Form JS 44, FED, U.S. District Court, Civil Cover Sheet alongside your official complaint.

Common Accidents: Sternmen, Trawlmen, and Deckhands

Different roles on a Maine fishing vessel carry unique risks that are recognized under maritime law.

• Sternmen Injuries: Lobstering requires constant handling of heavy traps and high-tension ropes. Sternmen are highly susceptible to crush injuries, severed fingers in the hauler, and severe back trauma.
• Trawlmen Accidents: Working on commercial trawlers involves massive nets and heavy steel doors. Cable snaps or poorly maintained winches often lead to catastrophic head injuries or amputations.
• Slips and Falls: A lack of proper deck maintenance, accumulated fish slime, or missing handrails frequently lead to broken bones and traumatic brain injuries.

Navigating the 3-Year Maritime Statute of Limitations

Time is strictly limited in maritime cases. Under 46 U.S.C. § 30106, the statute of limitations for filing a lawsuit for personal injury under the Jones Act or general maritime law is exactly three years from the date of the injury. If you fail to file your case at the U.S. District Court for the District of Maine, Portland within this timeframe, your claim will be permanently dismissed.

How Much Does it Cost to Hire a Maritime Lawyer in Maine?

Injured fishermen generally do not have to worry about upfront legal fees. Most maritime injury lawyers in Maine work on a contingency fee basis. This means they charge nothing to take your case, and they only get paid a percentage (usually 33% to 40%) of the final settlement or court verdict. If you do not win compensation, you do not owe any attorney fees.

Frequently Asked Questions (FAQ)