Not all injuries in the commercial fishing industry happen at sea or aboard a vessel. Many occur on docks, in shipyards, at processing facilities, or during loading and unloading operations – areas often covered by the Longshore and Harbor Workers’ Compensation Act rather than the Jones Act. Workers injured in these environments – such as gear handlers, processors, and dock crews – may still be entitled to medical care, wage replacement, and rehabilitation benefits even though they are not classified as seamen.

Understanding where an injury occurs is critical, as it directly determines which legal protections and compensation systems apply. If you work on docks, in shipyards, or at marine terminals, LHWCA law may be your primary path to medical care and wage replacement after an injury.

What Is the LHWCA?

Specifically, the LHWCA provides no-fault workers’ compensation benefits to eligible maritime employees. Consequently, it fills the gap between land-based workers’ compensation systems and seamen’s remedies under the Jones Act.

In simple terms:
If you’re not a “seaman” but you’re injured doing maritime work near the water, the LHWCA likely applies.

Who Qualifies for LHWCA Benefits?

In short, LHWCA eligibility hinges on two tests:

1. Status (What you do):

• Longshore workers (loading/unloading vessels)
• Harbor workers
• Shipbuilders and ship repairers
• Marine terminal employees

2. Situs (Where it happens):

• Docks, piers, wharves
• Shipyards
• Terminals and adjoining areas used for maritime activity

Not covered: crew members of vessels are not typically covered under LHWCA (they typically fall under the Jones Act).

What Benefits Are Available?

Medical Care

All reasonable and necessary treatment related to your injury is covered through LHWCA benefits, including hospital visits, surgery, and rehabilitation.

Wage Replacement (Disability Benefits)

Payments depend on the type of disability:

• Temporary Total Disability (TTD): Paid while you cannot work at all
• Temporary Partial Disability (TPD): Paid if you return to limited or lower-paying work
• Permanent Total Disability (PTD): Paid if you cannot return to any employment
• Permanent Partial Disability (PPD): Paid for lasting impairments

Typical LHWCA rate: about two-thirds of your average weekly wage, subject to federal caps.

Vocational Rehabilitation

If you cannot return to your prior job, the LHWCA program may fund retraining or job placement assistance.

What Injuries Are Covered?

The LHWCA covers a wide range of workplace injuries and occupational conditions, including:

• Falls on docks or in shipyards
• Equipment and cargo-handling accidents
• Repetitive stress injuries
• Exposure to hazardous substances

How Is LHWCA Different from the Jones Act?

• LHWCA: No-fault system; you do not need to prove negligence
• Jones Act: Requires showing employer negligence; applies to seamen
• Damages: LHWCA pays set benefits; the Jones Act may allow broader damages like pain and suffering

Can You Sue a Third Party?

Yes. While you generally cannot sue your employer under the LHWCA, you can pursue claims against third parties, such as:

• Equipment manufacturers
• Vessel owners (in certain circumstances)
• Contractors working on-site

This can significantly increase total recovery beyond standard benefits.

Can You Sue a Third Party?

Yes. While you generally cannot sue your employer under the LHWCA, you can pursue claims against third parties, such as:

• Equipment manufacturers
• Vessel owners (in certain circumstances)
• Contractors working on-site

This can significantly increase total recovery beyond standard benefits.

What To Do After a Maritime Injury

1. Report the injury immediately to your employer
2. Seek medical care and follow treatment plans
3. Document everything (photos, witnesses, conditions)
4. File a formal claim within required deadlines
5. Consult a maritime attorney to protect your benefits

Deadlines You Should Know

• Notice to employer: typically within 30 days
• Filing a claim: generally within 1 year of injury (or last benefit payment)

Missing deadlines can jeopardize your claim, so timing matters.

Why the LHWCA Matters

To sum up, maritime jobs are physically demanding and often hazardous. Therefore, the LHWCA ensures injured workers are not left without support – covering medical care, lost wages, and long-term recovery needs.

For workers in busy ports, shipyards, and remote coastal regions, overall, this law provides a critical financial safety net.

Thus, those injured in one of the most dangerous industries in the country, these benefits can make the difference between stability and hardship after an injury.

Call Johnson Law to discuss your LHWCA claims: (907)277-3090 or use our online contact form and schedule a free consultation.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image generated using ChatGPT – Prompt: Injured Shipyard Worker

Common dangers include drowning, hypothermia, vessel capsizing, and crushing injuries from gear. Because crews often work far offshore without immediate access to emergency services, even minor incidents can quickly become life-threatening. Therefore, commercial fishing and crabbing in Alaska carry a significantly higher risk of severe injury and death than most other occupations.

Consequently, these combined hazards significantly increase the likelihood of serious injuries and fatalities. In 2019, commercial fishermen experienced work-related fatalities at a rate over 40 times higher than the average worker.

How Dangerous Is Commercial Fishing and Crabbing?

Commercial fishing and crabbing are among the most dangerous jobs in the United States. Workers face constant risks from extreme weather, freezing temperatures, rough seas, and heavy equipment.

Furthermore, long hours and physical exhaustion increase the chance of serious mistakes and injuries. Fishing crews often work 16 to 20 hour shifts during peak seasons. Fatigue slows reaction time and increases mistakes. Exhaustion also affects judgment, which can turn routine tasks into dangerous situations.

Commercial fishermen and crabbers often accept extreme risks because of the high earning potential in this multi-billion-dollar industry. However, the job comes with serious dangers, including hypothermia, drowning, loss of limbs, and death.

How Do Commercial Fishing and Crabbing Injuries Happen?

Alaska Commercial fishing injuries happen in many ways during commercial fishing and crabbing. Workers face risks from vessel accidents, such as flooding, capsizing, or being struck by large waves. They can also suffer injuries from heavy equipment, including entanglement in nets, crushing from shifting gear, or machinery malfunctions. In addition, falls overboard, slippery decks, and extreme weather conditions increase the likelihood of serious harm. Long hours and fatigue further raise the risk by slowing reaction time and increasing human error.

Fishing vessels use powerful machinery and heavy gear, including crab pots, nets, and winches. These create serious hazards:

• Entanglement in lines or nets
• Crushing injuries from shifting gear
• Amputations caused by machinery

A single mistake or equipment failure can cause life-altering injuries in seconds.

Most fishing operations take place far from shore. Crews lack immediate access to emergency or rescue services. Help is not immediate. Even with assistance from groups like the United States Coast Guard, response times can be long due to distance and weather. This delay increases the severity of injuries and reduces survival chances.

As a result, commercial fishing and crabbing remain among the most dangerous jobs in the United States.

Why Alaska Is Especially Dangerous?

Alaska’s waters – especially the Bering Sea – are known for sudden storms, high winds, and freezing temperatures. Crews often work in subzero conditions with ice forming on decks and equipment. This increases the risk of slips, falls, and hypothermia. Freezing spray can also make vessels dangerously heavy and unstable.

Fishing in Alaska is more hazardous than in many other regions because of:

• Colder water temperatures
• Rougher seas and unpredictable weather
• Icy conditions on vessels
• Remote fishing grounds

One of the greatest dangers is ending up in the water. Many fatalities occur from:

• Boats capsizing or sinking
• Crew members falling overboard
• Vessel flooding or instability

Cold water shock can incapacitate a person within minutes. Survival time in Alaska’s waters is often extremely short without proper gear.

LHWCA Claims

Not all injuries in the commercial fishing industry happen at sea or aboard a vessel. Many occur on docks, in shipyards, at processing facilities, or during loading and unloading operations – areas often covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) rather than the Jones Act. Workers injured in these environments – such as gear handlers, processors, and dock crews – may still be entitled to medical care, wage replacement, and rehabilitation benefits even though they are not classified as seamen.

Final Thoughts

To reduce these risks, captains, crews, and shoreman follow strict safety procedures. In addition, the Jones Act protects injured maritime workers by allowing them to seek compensation when negligence causes an injury. Reaching maximum medical improvement (MMI) is a key step in this process, because it allows attorneys to accurately calculate medical costs, future care, and total damages on the injured worker’s behalf.

Johnson Law has more than 30 years of combined experience representing victims and families in Commercial Fishing and Maritime cases. We help fishermen, crabbers, and Alaska residents protect their rights. Fighting for the compensation they deserve, Johnson Law has recovered millions of dollars for our clients. Our firm is ready to pursue the maximum recovery in your case.

Commercial Fishing are particularly complex cases and deserve serious representation. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image generated using ChatGPT – Prompt: Commercial Fishing Dangers In Alaska