Commercial Fishing Injury Lawyers in Georgia & South Carolina
Commercial fishing is consistently ranked as one of the most dangerous occupations in America. The Bureau of Labor Statistics reports that fishing workers suffer a fatality rate that is approximately 40 times the national average for all workers. Georgia and South Carolina’s shrimp boats, crab boats, charter fishing vessels, and offshore fishing operations expose workers to drowning, equipment entanglement, crushing injuries, falls overboard, and severe weather events — often far from emergency medical care.
At Roden Law, our commercial fishing injury lawyers represent injured fishermen and their families throughout the Georgia and South Carolina coast. We understand the maritime laws that protect fishing workers — including the Jones Act, the doctrine of unseaworthiness, and the right to maintenance and cure — and we pursue maximum compensation from negligent vessel owners and operators.
Maritime Laws Protecting Fishermen
Commercial fishermen who work aboard vessels typically qualify as Jones Act seamen and have access to three powerful maritime remedies:
- Jones Act negligence: Allows the fisherman to sue the vessel owner/employer for any negligence that played a part in causing the injury — with the favorable “featherweight” burden of proof
- Unseaworthiness: Strict liability claim when the vessel, its equipment, or crew is not reasonably fit for its intended purpose
- Maintenance and cure: Absolute right to daily living expenses and medical care until maximum medical improvement, regardless of fault
These remedies provide far greater protection than state workers’ compensation, which does not cover most commercial fishermen.
Common Commercial Fishing Hazards
The fishing industry’s extreme danger arises from multiple hazards:
- Vessel sinking and capsizing: Overloaded vessels, severe weather, instability from improperly stowed catch, and unseaworthy hull conditions can cause vessels to capsize or founder
- Falls overboard: Slippery decks, heavy seas, and working at the rail make falls overboard a constant risk — and cold water immersion can cause death within minutes
- Deck equipment injuries: Winches, block and tackle systems, nets, trawl doors, crab pots, and longlines can entangle, crush, or amputate limbs
- Struck-by injuries: Swinging booms, unsecured catch, and shifting equipment strike crew members
- Repetitive stress injuries: Constant hauling, pulling, and lifting in cold, wet conditions causes chronic musculoskeletal injuries
- Burns and chemical exposure: Engine room fires, hot equipment, and fuel spills cause burn injuries
Employer Responsibilities to Fishing Crew
Vessel owners and fishing operators owe their crew members specific duties under maritime law:
- Seaworthy vessel: The vessel must be in a condition reasonably fit for the fishing operations to be performed
- Safe equipment: All fishing gear, deck equipment, and safety systems must be properly maintained and functional
- Adequate crew: The vessel must be sufficiently crewed for the operations — understaffing that leads to fatigue and injury is a form of negligence
- Safety equipment: Life rafts, personal flotation devices, EPIRBs (emergency position-indicating radio beacons), fire extinguishers, and first aid supplies must be provided and functional
- Training: Crew must be trained on safety procedures, equipment operation, and emergency protocols
Share vs. Wage Fishermen
Many commercial fishermen are paid on a “share” or “lay” system — receiving a percentage of the catch rather than a fixed wage. Vessel owners sometimes argue that share fishermen are independent contractors not covered by the Jones Act. However, courts have consistently held that the Jones Act seaman analysis focuses on the worker’s connection to the vessel, not the method of compensation. Share fishermen who meet the seaman status test are entitled to full Jones Act protections.
Statute of Limitations
Jones Act, unseaworthiness, and maintenance and cure claims generally must be filed within 3 years of the date of injury. However, injured fishermen should contact a maritime attorney immediately — evidence aboard commercial fishing vessels degrades quickly, and vessel owners may repair or alter equipment before an investigation can be conducted.
