By Tracy Colman  |  November 28, 2018

Category: Labor & Employment

Fishing Boat Accident Spurs Lawsuit Against Fisheries CorpA fishing boat accident that allegedly occurred on July 4, 2018 has spurred the worker involved to file a lawsuit in Washington state.

The fishing boat accident purportedly caused plaintiff Nicholas B., a crew member on board the fishing vessel Endeavor, to sustain a crushed hand. The crushed hand has, according to his report, led to disabilities of a permanent nature.

The fishing boat accident lawsuit names SBA Fisheries Corp. as the defendant as well as the Endeavor. The plaintiff is making his injury complaint under the Jones Act, otherwise known as the Merchant Marine Act, which was passed by U.S. Congress in the second decade of the 20th century.

Both the Jones Act and other statutes cited require defendants such as SBA Fisheries Corp. to provide safe working environments by properly maintaining all fleet vessels in seaworthy condition, adequately staffing to meet the needs of the ships, and enforcing safety protocol, according to the lawsuit. Additionally, the plaintiff says the laws require medical attention and investigation in the event of a fishing boat accident as well as the payment of all wages.

Nicholas alleges in his lawsuit that the SBA Fisheries Corp. captain of the Endeavor delegated him to assist in the recovery of the ship’s purse seine net which required use of the associated skiff. A purse seine net, according to NOAA, is netting designed to rein in a school of fish by creating net walls surrounding the grouping with threaded rings at the bottom that draw up.

While the purse seine net was being recovered, Nicholas says his hand was allegedly crushed between netting lines, fittings of the skiff, and other needed appliances used to draw up the net.

The plaintiff claims that this accident wasn’t followed up with immediate and necessary medical evaluation and care. He further indicates that the injury was treated as minor and, because of this, the long-term nature of the disability was missed.

Nicholas alleges that the fishing equipment with which the Endeavor was fitted were sorely in need of repair and greatly contributed to the fishing boat accident. He claims negligence on the part of the corporation and breach of contract under the Jones Act.

The plaintiff is also challenging the defendant’s lack of follow-through in securing a fee for service written agreement with him prior to putting him to work on the ship. He is seeking full recovery of wages, shares of the catch, and all attorney and court fees.

Nicholas says in his seaman injury lawsuit that the fishing boat accident caused him to experience mental and physical pain and anguish, caused him to lose his ability to earn wages, and caused him to lose ability to engage in recreational activities that brought him life satisfaction and joy.

The Fishing Boat Accident Lawsuit is Case No. 2:18-cv-01650 in U.S. District Court for the Western District of Washington, Seattle.

If you sustained an offshore injury as a worker on a commercial vessel or you were subjected to sexual harassment or discrimination as a maritime worker, you may qualify to join this maritime lawsuit investigation.

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