A 2012 report by the Center for Public Integrity showed that workers in the commercial fishing industry suffer more fatalities than those in any other industry. According to data from the National Institute for Occupational Safety and Health, also known as NIOSH, 165 fisherman involved in commercial activity suffered fatalities between 2000 and 2009 just on the East Coast (Florida to Maine). At the same time, 133 workers in commercial fishing suffered fatalities. Commercial fishing was declared, based on these statistics, as the most dangerous profession in the world.
The Center for Public Integrity cited various reasons for this. First, lack of oversight. The Coast Guard, according to the report, lacks the broad authority to inspect fishing vessels and instead only inspects certain items. Second, tight budgets for these expeditions causes safety expenditures to be kept to a minimum. This is problematic when the occupation is dangerous. Third, the constant use of heavy, dangerous equipment substantially increases the likelihood of injury, including fatalities.
NIOSH Statistics
The breakdown of NIOSH statistics are telling about the dangers of working in the commercial fishing industry. NIOSH statistics are based on a study of commercial fishing industry from the years 2000-2010. Here is the breakdown:
- 545 commercial fisherman died in the United States;
- More than 50% after something happened to the ship that they were boating on;
- Approximately 30% from fisherman falling overboard;
- Approximately 12% dies from injuries suffered on deck.
Cause of Injuries
As mentioned, the largest causes of fatalities are something happening to the ship. When something goes wrong with the ship, injuries are likely to occur. For instance, a fishing boat traveling in the Arctic off the coast of Alaska may hit unexpected ice, causing damage to the ship. Serious injuries may ensue from such an occurrence.
Another issue is injuries occurring on deck. A fisherman may suffer injury due to a slippery deck or tension cables. These can cause serious injury.
When these suits are filed in court, the defendant often uses an assumption of the risk defense. As the name implies, if someone assumes a risk, then he or she cannot blame someone for injury resulting from that risk. Someone who participates in a demolition derby cannot sue another participant for wrecking his or her car. Similarly, Jane Costa, who attended a Red Sox game in 1998 and was hit directly by a pitch that caused permanent nerve damage and headaches, could not recover from the Red Sox because, as the Court asserted, she assumed that risk by going to a baseball game.
In Texas, assumption of the risk is only applicable if the injured party expressed assent to that risk. Fisherman employment contracts often make reference to such risks. However, if you have been injured in the commercial fishing industry, speak to a lawyer who will discuss this and other issues about your case.
Injured in a maritime accident? Are you involved in the commercial fishing industry and suffered an injury as a result? Contact the Kolodny law firm, maritime injury lawyers.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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