There are several ways an injured fisher or deckhand could recover compensation if their injury happened while they were at sea.
Although Alaska seamen and fishermen should ask an experienced maritime attorney all specific questions about their claims, what follows is a basic overview of two laws sailors commonly use to get the compensation they need after an injury.
Maintenance, cure and unearned wages are paid without regard to fault
Even if an injured worker is partially or totally responsible for their injury, in almost all cases, the owner of the boat still owes that person certain benefits:
- The boat owner must pay for all reasonable medical expenses to treat the worker’s injuries.
- The boat owner must pay the injured worker’s wages up to the end of that voyage, even if the worker is not able to perform their job duties. When the voyage ends will depend on the terms to which the boat owner and worker agreed.
- The boat owner owes the worker a per diem called “maintenance” while the worker remains unable to work. In Alaska, the rate of this benefit ranges between $50 and $85 per day.
It bears repeating that a worker can claim these benefits without having to prove that the boat owner was negligent.
An injured deckhand or fisher may recover compensation under the Jones Act
Unlike maintenance and cure, to claim compensation under the Jones Act, a deckhand or fisher must prove their employer is legally responsible for their injury.
They may do so by demonstrating the employer was negligent or that their vessel was not seaworthy. Thankfully for seamen, negligence is a bit easier to prove under the Jones Act than it is under state law.
If they can prove the case, then the victim may be able to recover additional lost wages, future medical costs, and pain and suffering.