The coastal waters of Alabama, stretching from the bustling seafood processors in Bayou La Batre to the deep-sea lanes off the Port of Mobile, represent one of the most demanding work environments in the United States. For commercial fishermen, the hands are the most vital tools of the trade. Whether hauling in heavy nets, sorting catch on a slick deck, or maintaining complex machinery, your hands and fingers are constantly exposed to extreme forces, freezing temperatures, and high-tension equipment.
The High Risk of Hand and Finger Injuries in Alabama Fisheries
Commercial fishing consistently ranks as one of the most hazardous occupations in the country. In the Gulf of Mexico, the variety of gear—ranging from shrimp trawls to longlines—creates numerous “pinch points” where a momentary lapse in safety or a mechanical failure can result in catastrophic trauma. Because vessels are often miles offshore, immediate specialized hand surgery is rarely available, which can exacerbate the long-term damage of an initial injury.
Common Types of Trauma Sustained on the Water
Hand injuries in the maritime sector are rarely simple. They often involve a combination of bone, nerve, and soft tissue damage. Common injuries we see in the local fishing fleet include:
- Crush Injuries: These often occur when a hand is caught between a heavy door, a moving container, or within the coils of a winch.
- Degloving: A horrific injury where the skin and tissue are torn away from the underlying bone, often caused by rings or loose clothing getting caught in rotating machinery.
- Amputations: Fingers can be lost in an instant due to snapping lines under high tension or unguarded gears.
- Puncture Wounds and Infections: Fish spines and rusted hooks carry bacteria that can lead to rapid, deep-tissue infections like cellulitis or vibrio, which may require surgical debridement.
- Fractures and Dislocations: Blunt force trauma from swinging blocks or slipping on scales can shatter the small bones of the hand.
How Can a Fisherman Recover Damages for a Hand Injury in Alabama?
Commercial fishermen who meet the legal definition of a seaman can recover damages through a Jones Act claim by proving their employer’s negligence played even a small role in the injury. This federal protection allows for the recovery of lost wages, future earning capacity, and pain and suffering, which far exceeds standard workers’ compensation.
Proving a claim requires demonstrating that the vessel owner or captain failed to provide a reasonably safe work environment. In the Alabama fishing industry, this often involves looking at whether the crew was properly trained or if the equipment was maintained according to industry standards. Unlike land-based law in Alabama, where being even 1% at fault can bar you from recovery, maritime law uses a comparative negligence standard. This means you can still recover compensation even if you were partially responsible for the accident.
To build a successful case, it is important to document the specific conditions that led to the trauma. This includes:
- Identifying defective or worn-out equipment, like frayed winch lines.
- Documenting a lack of “non-skid” surfaces in areas where the catch is processed.
- Reporting inadequate staffing levels that led to fatigue and subsequent mistakes.
- Noting the absence of required safety guards on power take-offs (PTOs) or conveyor systems.
What Benefits Are Owed to Injured Seamen Regardless of Fault?
Under the maritime doctrine of Maintenance and Cure, an injured fisherman is entitled to a daily living allowance and the full payment of all medical expenses related to the injury until they reach maximum medical improvement. These benefits are an absolute right and do not require the worker to prove that the employer did anything wrong to cause the injury.
“Maintenance” is intended to cover the room and board the seaman would have received while aboard the vessel. In the Mobile and Bayou La Batre areas, this amount is often set at a low daily rate by the employer, but it can be challenged if it does not reflect the actual cost of living. “Cure” refers to the employer’s obligation to pay for all reasonable and necessary medical treatment, including surgeries, physical therapy, and medications.
This obligation continues until a doctor determines that your condition will not improve further with additional treatment. It is vital to remember that you have the right to choose your own doctor. You are not required to see a “company doctor” for your long-term care, and seeking an independent evaluation at facilities like USA Health University Hospital in Mobile can ensure your injuries are not downplayed by insurance interests.
The Mechanics of Hand Injuries on Fishing Vessels
The layout of a commercial fishing vessel is a maze of moving parts. On a shrimp boat, the winches and outriggers are under constant strain. In the engine room, tight spaces and high-heat surfaces create additional hazards. Understanding how these injuries occur is the first step in establishing liability.
Winch and Line Failures
Lines and cables on fishing vessels are subject to immense tension. If a winch malfunctions or a cable snaps, the resulting recoil can crush or sever fingers instantly. Many accidents occur during “lashing” or when clearing a “bird’s nest” in the cable. If the vessel owner deferred maintenance on these systems to save costs, they may be held liable for the resulting trauma.
Unguarded Machinery and Pinch Points
Federal safety regulations require that rotating machinery be guarded to prevent workers from being pulled into “pinch points.” On many older vessels in the Alabama fleet, these guards are either missing, rusted through, or intentionally removed for easier maintenance. When a fisherman’s glove or sleeve gets caught in an unguarded gear or belt, the hand is often pulled into the mechanism before the machine can be stopped.
Slippery Decks and Inadequate Lighting
A processed catch leaves behind slime, scales, and water, making the deck as slippery as ice. If a vessel lacks proper drainage or non-skid coatings, a simple slip can cause a worker to reach out instinctively to break their fall, often placing their hand directly into a dangerous piece of equipment or a closing hatch. Poor lighting during night operations further increases the risk of a fisherman placing their hand in a “crush zone” they cannot see.
Establishing Unseaworthiness in Alabama Maritime Cases
Beyond negligence, a vessel owner has an “absolute duty” to provide a seaworthy vessel. This is a powerful legal tool for injured fishermen. A vessel is considered unseaworthy if any part of the ship, its crew, or its equipment is not reasonably fit for its intended purpose.
Crucially, you do not have to prove the owner knew about the defect. If a defective hydraulic hose bursts and causes a hatch to fall on your hand, the vessel was unseaworthy at that moment, and the owner is liable for the damages. Unseaworthiness can also apply to the crew itself. If the vessel was understaffed or if a fellow deckhand was not properly trained to operate the equipment that injured you, the “appurtenances” of the vessel were not fit for service.
Long-Term Impact of Hand Injuries on Maritime Careers
A hand injury is uniquely devastating to a commercial fisherman because the job requires high-level manual dexterity and significant grip strength. Even a seemingly minor injury, like a fractured knuckle that heals improperly, can prevent you from safely gripping a ladder or hauling a line.
Nerve Damage and Chronic Pain
Crush injuries often result in permanent nerve damage, leading to chronic pain, numbness, or “phantom” sensations. This can make working in the cold, wet conditions of the Gulf unbearable. In many cases, these injuries lead to Complex Regional Pain Syndrome (CRPS), a debilitating condition that requires long-term pain management.
Loss of Future Earning Capacity
If you can no longer work as a deckhand or captain due to your injury, you are entitled to the difference between what you would have earned in your maritime career and what you can earn now in a different, perhaps sedentary, field. Given the high earning potential of experienced fishermen during a good season, this “loss of future earning capacity” often represents the largest portion of a legal settlement.
Frequently Asked Questions
What should I do immediately after hurting my hand on a fishing boat?
Report the injury to the captain immediately and ensure it is recorded in the vessel’s log. Seek medical attention at the nearest port and be clear that the injury happened while you were working on the ship.
You should also take photos of the equipment or conditions that caused the injury if it is safe to do so. Avoid signing any statements prepared by the company’s insurance adjusters until you have consulted with a lawyer.
Does the Jones Act cover me if I work on a shrimp boat in Alabama?
Yes, most workers on commercial fishing vessels, including shrimp boats, are considered “seamen” under the Jones Act if they spend a significant amount of their working time in the service of the vessel.
This remains true whether you are a captain, a deckhand, or a cook. As long as the vessel is “in navigation” on public waterways like the Mobile Bay or the Gulf, you are likely protected.
Can I still get compensation if my own mistake caused the hand injury?
Maritime law uses a system called comparative negligence, meaning you can still recover compensation even if you were partially at fault. Your total award is simply reduced by your percentage of responsibility.
For example, if the court finds you were 25% at fault for reaching into a machine, but the owner was 75% at fault for not having a guard on that machine, you still receive 75% of the damages.
Who pays for my hand surgery and physical therapy?
Under the “Cure” portion of Maintenance and Cure, your employer is legally obligated to pay for all medical treatments related to your work injury until you reach Maximum Medical Improvement.
This includes surgeries, rehabilitation, prosthetic devices, and any necessary medications. You have the right to choose your own doctor for these treatments rather than being forced to see a physician selected by the shipping company.
How much is a thumb or finger amputation worth in a maritime settlement?
There is no fixed schedule for these injuries; instead, the value depends on the impact on your life, your pain and suffering, and your ability to continue working in the fishing industry.
Because a fisherman relies entirely on their hands, an amputation often results in a significant “Loss of Future Earning Capacity” claim, which can lead to a substantial settlement covering decades of lost income.
What is the time limit for filing a lawsuit after a maritime injury in Alabama?
The statute of limitations for Jones Act and General Maritime Law claims is generally three years from the date of the injury, but you should act much sooner.
Evidence on a fishing vessel can disappear in days as the boat is cleaned, equipment is repaired, or the vessel sails to a different port. Starting an investigation early is the best way to protect your rights.
Protecting the Men and Women of the Alabama Coast
At Fuquay Law Firm, we are dedicated to representing the hardworking individuals who fuel Alabama’s maritime economy. We know that a hand injury doesn’t just hurt you; it affects your entire family. Our approach combines a deep knowledge of federal maritime statutes with a practical understanding of the fishing industry in Mobile and the surrounding coastal communities. We are here to ensure you receive the full Maintenance and Cure benefits you are owed and to fight for the maximum compensation for your pain, suffering, and lost income.
Call us today at (251) 473-4443 for a confidential consultation. Let us handle the complex legal battle against the vessel owners and insurance companies while you focus on your physical recovery and getting back to your life.
